Patna High Court
Barun Singh @ Pappal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted, subject to verification of the petitioner’s antecedent, under Section 482(2) of the BNSS.
Summary
Barun Singh, a 65‑year‑old senior citizen with a clean record, sought anticipatory bail after being implicated in a case under Section 45 of the Bihar Excise Act for allegedly obstructing a police raid on Chhotu Singh's house. The petitioner claimed the allegation was false and motivated by an informant who is Chhotu Singh's father, asserting that he was wrongly implicated to coerce Chhotu. The State opposed the bail. The Court, considering the petitioner's clean antecedent and the possibility of false implication, granted provisional anticipatory bail on a modest bond and sureties, subject to verification of his criminal record by the trial court. The order was made under Section 482(2) of the BNSS, with a condition that if any antecedent is discovered, the bail would not be confirmed. Upon verification of a clean record, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 45 of the Bihar Excise Act.
- Whether the petitioner’s alleged clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- obstruction of police
- senior citizen
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11850 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Barun Singh @ Pappal Singh S/o Ramesh Singh Resident of Ward No. 8,
Khurhan Malik, P.S.- Alamnagar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 45 of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that based on secret information regarding liquor, the
house of Chhotu Singh was raided, but then Chhotu Singh with
his associates including the petitioner obstructed, abused and
attempted to confine the raiding team.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.11850 of 2026(2) dt.24-02-2026
2/3
informant being father of Chhotu Singh. It is also submitted that
petitioner is a senior citizen aged about 65 years and has
remained a person with clean antecedent, but all of a sudden has
been made a criminal with an allegation that when the informant
along with police force came to raid the house of Chhotu, an
obstruction was created in which the petitioner even
participated. It is also submitted that petitioner has been
implicated only with a view to coerce Chhotu into submission.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Excise
Udakishunganj P.S. Case No. 264 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.11850 of 2026(2) dt.24-02-2026
3/3
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…