Patna High Court
DHARMENDRA KUMAR CHAUPALversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273, 34, 414
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
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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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