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Patna High Court

DHARMENDRA KUMAR CHAUPALversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted where the petitioner is not in possession of the contraband, has a clean antecedent, and ownership of the vehicle does not per se constitute participation in the offence, subject to conditions under Section 438(2).

Summary

The petitioner, Dharmendra Kumar Chaupal, applied for anticipatory bail in a case where 486 litres of liquor were seized from six motorcycles, and he is alleged to be the owner of one of the vehicles. He was not arrested at the spot and the seized liquor was not found in his conscious possession. The petitioner asserted a clean criminal antecedent and argued that mere ownership of a vehicle does not imply participation in the alleged offence. The State opposed the bail, contending the seriousness of the offences under IPC sections 272, 273, 414, 34 and Excise Act section 30(a). The court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, imposing conditions under Section 438(2) of the Cr.P.C. and directing verification of the petitioner’s antecedent. The order will be confirmed if the petitioner is found to have a clean record; otherwise, it may be set aside.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for the offences alleged.
  • Whether ownership of a vehicle used in the alleged crime is sufficient to deny anticipatory bail.
  • Whether the petitioner’s clean criminal antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • possession
  • liquor seizure
  • clean antecedent
  • vehicle ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51269 of 2024
                      Arising Out of PS. Case No.-20 Year-2023 Thana- DEODHA District- Madhubani
                 ======================================================
                 Dharmendra Kumar Chaupal S/O Bhogendra Chaupal R/O Village- Japhra,
                 Ramnagar Tol, P.S- Bisfi (OP), Patauna, Distt.- Madhubani.

                                                                                 ... ... Petitioner/S
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmendra Kumar Chauval
                                                  Mr.Gagan Deo Yadav
                                                  Mr.Ravi Prakash
                 For the Opposite Party/s :       Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 272, 273, 414 and 34 of the I.P.C. and Section 30(a) of

                   the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 486 litres of liquor from six different

                   motorcycles.

                                 4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.51269 of 2024(3) dt.23-02-2026
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          implicated based on the fact that he is owner of one of the

          seized vehicle. It is next submitted that no prudent person would

          use his own vehicle for committing a crime and thus, would

          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that Ganesh would misuse the vehicle in the manner as

          alleged as he was also apprehended at the spot along with

          Vikash Das, Praveen Kumar and Anil Ram.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Deodha P. S. Case No.20 of 2023, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.51269 of 2024(3) dt.23-02-2026
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                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)
vikash/-

U          T


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