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Patna High Court

Ram Babu ChaupalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to strict conditions and the possibility of cancellation upon breach.

Summary

Ram Babu Chaupal was arrested on 25 May 2025 in connection with a murder case (PS Araria Sangam Case No. 32 of 2025) under Sections 80, 238 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleged to involve the killing of an informant's niece over a dowry demand. The petitioner contended that the FIR was fabricated, the victim had committed suicide by ingesting poison, and that he was falsely implicated merely as the husband of the deceased, asserting a clean criminal record. The prosecution opposed bail, maintaining the seriousness of the charges. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, physical presence, non‑tampering with evidence or witnesses, and verification of antecedents. The order also empowered the lower court to cancel bail if the petitioner absents himself for two consecutive dates without sufficient cause or conceals any prior criminal record.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations of a fabricated FIR and suicide of the victim affect the bail consideration.

Legislation cited

Subjects

  • bail
  • fabricated FIR
  • dowry death
  • suicide
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Sections 80, 238, 3(5)
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79154 of 2025
                    Arising Out of PS. Case No.-32 Year-2025 Thana- Araria Sangram District- Madhubani
                 ======================================================
                 Ram Babu Chaupal S/o Shyam Lal Chaupal R/o Village- Raghunandanpur,
                 P.S- Arariya, Sangram, Dist- Madhubani

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gagan deo Yadav, Advocate
                                                   Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-01-2026                     Heard Mr. Gagan deo Yadav, learned counsel for the

                   petitioner and Mr. Shailendra Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   25.05.2025 in connection with Arariya Sangam P.S. Case No. 32

                   of 2025, F.I.R. dated 13.05.2025 for the offences punishable

                   under Sections 80, 238 and 3(5) of the BNS, 2023.

                                3. According to prosecution case, this petitioner along

                   with other accused persons have killed the niece of the

                   informant due to non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.79154 of 2025(4) dt.29-01-2026
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          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R and he has been made

          accused merely on the ground that he is husband of the

          deceased. In fact, the victim has committed suicide by

          consuming poison and when this petitioner came to know about

          the said incident then he along with other accused persons took

          the deceased to Ramshila Hospital where she got treated by the

          doctor but later on died during the treatment. He further submits

          that it has come during investigation in paragraph nos. 70-71 of

          the case diary that the deceased has committed suicide herself.

          He further submits that the police after investigation submitted

          the charge sheet against the petitioner. The petitioner is in

          custody since 25.05.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned ACJM-I

          Class, Jhanjharpur in connection with Arariya Sangam P.S. Case

          No. 32 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.79154 of 2025(4) dt.29-01-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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