Patna High Court
Tarun Singh @ Tarun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Petitioner Tarun Singh sought anticipatory bail fearing arrest in a case under Section 21(c) of the NDPS Act read with Section 30(a) of the Bihar Excise Act, where 78.9 litres of codeine syrup were allegedly recovered from a motorcycle. The petitioner argued that he was not in actual possession of the seized vehicle, that his name was derived from secret information, and that co‑accused Umesh Yadav and Dilchand Kumar had been granted anticipatory bail in a similar case. The State opposed the bail. The High Court, noting the earlier order granting bail to the co‑accused and applying the principle of parity, allowed the anticipatory bail subject to a Rs.50,000 bond, two sureties, and conditions under Section 482(2) of the BNSS, including cancellation if the petitioner fails to cooperate or delays the trial. One bailor was ordered to be the petitioner’s father. The order was directed to be communicated to the police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under the NDPS Act and Bihar Excise Act.
- Whether the principle of parity with co‑accused who were granted anticipatory bail warrants granting bail to the petitioner.
Legislation cited
Subjects
- anticipatory bail
- NDPS Act
- Bihar Excise Act
- parity principle
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52089 of 2025
Arising Out of PS. Case No.-470 Year-2022 Thana- MADHEPURA District- Madhepura
======================================================
Tarun Singh @ Tarun Kumar Singh S/o Sadhu Singh @ Sadhu Prasad Singh
R/O Village- Rampatti, PS- Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
.. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 21-01-2026 1. Heard learned Senior counsel for the petitioner, Mr.
Krishna Prasad Singh and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 21(c) of the
NDPS Act read with Section 30(a) of the Bihar Excise Act.
3. Learned Senior counsel for the petitioner submits
that petitioner has antecedent of four cases out of which two
cases are under the excise act and allegation is of recovery of
78.900 liters of codeine syrup from a motorcycle and from a
place adjacent to it.
4. Learned Senior counsel for the petitioner submits
that petitioner was not apprehended from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle and his name transpired based
on secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.52089 of 2025(4) dt.21-01-2026
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someone. It is also submitted that similarly situated co-accused
Umesh Yadav and Dilchand Kumar have been granted the
privilege of anticipatory bail by an order dated 20.01.2023 in
Criminal Miscellaneous No. 72160 of 2022 passed by a learned
Co-ordinate Bench. The learned Senior counsel, thus, based on
parity, seeks anticipatory bail. It is also submitted that petitioner
will not abscond rather will cooperate in the investigation to
prove his innocence.
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
Senior counsel for the petitioner and taking into consideration
the order dated 20.01.2023 in Criminal Miscellaneous No.
72160 of 2022, 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 anticipatory bail on
furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand)
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 Madhepura P.S. Case No. 470 of 2022
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
Patna High Court CR. MISC. No.52089 of 2025(4) dt.21-01-2026
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7. One of the bailors of the petitioner shall be his
father namely Sadhu Singh @ Sadhu Prasad Singh.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
9. It is further made clear that if charge sheet is
submitted and thereafter the learned Trial Court comes to a
conclusion that petitioner is delaying the framing of charge or
after framing of charge, the petitioner is trying to delay the trial,
in both the conditions, the learned Trial Court shall be at liberty
to cancel the bail bonds of the petitioner.
10. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
11. Accordingly, the instant anticipatory bail application
stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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