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Patna High Court

Upendra SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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