Jasiro @ Jasir @ Jasir Uddin Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Jasiro @ Jasir @ Jasir Uddin Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be extended to the petitioner, who faces arrest in Special Case No.23A of 2022 arising out of Kochadhaman P.S. Case No.172 of 2022 registered under Sections 8, 8(C), 20(b)(ii)(A), 21(a), 29, 22 of the NDPS Act, given his five-case antecedent (three under the NDPS Act), his naming as gang member/kingpin in the custody confessional statement of apprehended accused, and the continuing investigation.

Court's answer

After considering the submissions of the learned A.P.P. (petitioner's five antecedent cases including three under the NDPS Act, disclosure of the petitioner's name as kingpin in the confessional statement of apprehended accused, investigation still continuing, and likelihood of absconding if the privilege were granted), the Court was not inclined to extend the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner's prayer for anticipatory bail stands rejected.

Detailed headnote1 paragraphs

Anticipatory bail rejected - Patna High Court, Cr. Misc. No.62478 of 2025 (decided 15-10-2025), Satyavrat Verma, J. The petitioner, carrying antecedents of five cases (three under the NDPS Act), sought bail in anticipation of arrest in Special Case No.23A of 2022 arising out of Kochadhaman P.S. Case No.172 of 2022 (District Kishanganj), registered under Sections 8, 8(C), 20(b)(ii)(A), 21(a), 29, 22 of the NDPS Act. Per the informant's account, apprehended accused Sajan and Md. Shakeel yielded 05 grams smack and 350 grams ganja on weighing, and Rs.8700/- was recovered from Md. Shakeel; the apprehended accused's custody confessional statement disclosed the petitioner as a gang member and kingpin. Counsel for the petitioner argued false implication owing to antecedents, that the petitioner was never apprehended from the spot so nothing was recovered from his conscious possession, and that a custody confessional statement carries no evidentiary value. The learned A.P.P. opposed, stressing the antecedents, the kingpin allegation, continuing investigation and the risk of absconding. Holding that it was not inclined to extend the privilege of anticipatory bail on these submissions, the Court rejected the prayer for anticipatory bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62478 of 2025

Arising Out of PS. Case No.-172 Year-2022 Thana- KOCHADHAMAN District- Kishanganj

======================================================

Jasiro @ Jasir @ Jasir Uddin S/o Bipat Ali Resident of village- Gopalpur, P.S.- Bahadurganj, District- Kishanganj

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Ms.Meena Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 15-10-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in anticipation of his arrest in Special Case No.23A of 2022 arising out of Kochadhaman P. S. Case No.172 of 2022 registered for the offences punishable under Sections 8, 8(C), 20(b)(ii)(A), 21(a), 29, 22 of the NDPS Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and the informant alleges that Sajan and Md. Shakeel were apprehended and from Sajan 10 packets of smack along with other articles were recovered while from Md. Shakeel Rs.8700/- along with other articles were recovered as detailed in the FIR. On weighing, 05 grams smack along with 350 grams ganja was found. Further, the apprehended accused disclosed the name of gang member including the petitioner and also disclosed that petitioner is the kingpin.

Patna High Court CR. MISC. No.62478 of 2025(3) dt.15-10-2025 2/2

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case since he carries antecedent of five cases. It is next submitted that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and his name transpired in the confessional statement of apprehended accused in police custody which does not have any evidentiary value.

Learned A.P.P. opposes the anticipatory bail application and submits that petitioner has antecedent of five cases, out of which three cases are under the NDPS Act and his name has transpired in the confessional statement apprehended accused disclosing that petitioner is the kingpin and investigation is continuing and if privilege of anticipatory bail is granted, the petitioner may abscond.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

The prayer of the petitioner for anticipatory bail stands rejected.

(Satyavrat Verma, J)

vikash/-