Patna High Court
Upendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Upendra Singh and Ranjeet Kumar Singh, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act and Sections 217 and 248 of the Bihar Narcotic Substances Act read with Sections 25(1‑B)A, 26 and 35 of the Arms Act. The court examined the allegations in the FIR and observed that the petitioners had attempted to implicate an innocent person by appearing as a witness on a seizure list despite no actual seizure having taken place. Considering this misconduct, the court held that the petitioners were not entitled to the privilege of anticipatory bail. Consequently, the anticipatory bail application was rejected. The decision underscores that attempts to fabricate evidence or falsely implicate others can defeat bail relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the offences alleged in the FIR
- Whether the petitioners' alleged attempt to implicate an innocent person by falsifying a seizure list bars the grant of anticipatory bail
Legislation cited
- Arms Act — s. 25(1‑B)A, 26, 35
- Bihar Narcotic Substances Act — s. 217, 248
Subjects
- anticipatory bail
- excise law
- arms act
- false implication
- seizure list
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22798 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- AMNAUR District- Saran
======================================================
1. Upendra Singh Son of Birendra Singh @ Virendra Singh Resident of Village
- Gangapur(Madhubani), Police Station - Amnour, District - Saran.
2. Ranjeet Kumar Singh Son of Birendra Singh @ Virendra Singh Resident of
Village - Gangapur(Madhubani), Police Station - Amnour, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Rajesh Kumar Singh
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act and Sections 217 and 248 of BNS read with
Sections 25(1-B) A, 26 and 35 of the Arms Act.
3. In the nature of allegation as alleged in the FIR, the
Court is not inclined to extend the privilege of anticipatory bail
to the petitioners as they made endeavours to implicate an
innocent person in a criminal case by becoming witness on a
seizure list despite being aware that no such seizure was made.
4. Accordingly, the instant anticipatory bail
Patna High Court CR. MISC. No.22798 of 2026(3) dt.27-04-2026
2/2
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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