Patna High Court
Ram Babu ChaupalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 238, 3(5), 80
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
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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
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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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