Patna High Court
Manoj ChaupalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
Manoj Chaupal applied for anticipatory bail after being implicated in a case alleging recovery of 720 litres of liquor from four motorcycles, with charges under Sections 274, 275 and 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he has a clean antecedent, was not arrested on the spot, and that the liquor was not in his conscious possession; his only connection was ownership of one of the seized vehicles, which he claimed he was unaware was being misused. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, directing the trial court to verify the petitioner’s criminal antecedent and to confirm or cancel the bail accordingly. The order was made under Section 482(2) of the Code of Criminal Procedure, emphasizing that any antecedent discovered later could lead to revocation of bail. The court thus allowed the petitioner temporary protection from arrest while the trial proceeds.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of involvement in liquor seizure.
- Whether ownership of a vehicle used in the alleged offence is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify provisional bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- bail conditions
- ownership of vehicle
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89779 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- JAYNAGAR District- Madhubani
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Manoj Chaupal S/o Jageshwar Chaupal R/o Vill- Bhasaur, Baghant, P.S. -
Manigachhi, District - Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275
and 317(5) of the BNS as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 720 litres of liquor from four different motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It is next submitted that no
prudent person would use his own vehicle for committing an
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occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged.
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
counsel for the petitioner, let 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
provisional anticipatory bail on furnishing bail bonds 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 Jaynagar
P.S. Case No. 178 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.89779 of 2025(2) dt.05-01-2026
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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