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Patna High Court

Tarun Singh @ Tarun Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                        3/3




                                   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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