Patna High Court
Basu Chaudhary @ Basudeo ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail as he has a clean antecedent and no specific allegation of assault, and bail is granted subject to prescribed conditions.
Summary
The petitioner, Basu Chaudhary, was arrested on 2 November 2023 in connection with a 2020 murder case (Sections 302 and 34 IPC) alleging he helped kill an informant's brother. He contended that he has a clean antecedent and was falsely implicated, noting that the FIR contains only vague, omnibus allegations and no specific act of assault against him. The prosecution opposed bail, while the petitioner highlighted that co‑accused Jiyant Chaudhary and Prem Kumar had already been granted regular bail by the same court. The bench, after considering the lack of specific allegations and the petitioner’s clean record, ordered his release on bail with a Rs.10,000 bond and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s criminal antecedent but not to delay the acceptance of the bail bond.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 302 and 34 of the IPC.
- Whether the allegations in the FIR are sufficiently specific to justify denial of bail.
- Whether the grant of bail to co‑accused influences the petitioner's right to bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- criminal antecedent
- false implication
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78044 of 2025
Arising Out of PS. Case No.-187 Year-2020 Thana- CHAKAND District- Gaya
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Basu Chaudhary @ Basudeo Chaudhary S/o Sheonath Chaudhary R/o
Village- Barki Takiya, P.S.- Chakand, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Learned counsel for the petitioner is permitted to
make necessary correction is paragraph-1 of the bail application.
2. Heard Mr. Sunil Kumar Yadav, learned counsel for
the petitioner as well as Mr. Ashok Kumar Singh, learned
Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
02.11.2023 in connection with Chakand P.S. Case No. 187 of
2020, F.I.R. dated 10.12.2020 for the offences punishable under
Sections 302/34 of the Indian Penal Code.
4. According to prosecution case, it is alleged that the
petitioner along with other co-accused persons killed the brother
of the informant and threw his dead body under bush.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
Patna High Court CR. MISC. No.78044 of 2025(3) dt.22-01-2026
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the petitioner is false and fabricated. From bare perusal of the
FIR it appears that petitioner has been made accused merely on
the basis of suspicion and there is no specific allegation of
assault or overt act or firing against him rather there is general
and omnibus against the petitioner and similarly situated co-
accused persons, namely, Jiyant Chaudhary @ Jaimant
Chaudhary and Prem Kumar @ Prem Chaudhary have been
granted the privilege of regular bail by the co-ordinate Bench of
this Court vide order dated 27.04.2023 and 26.04.2024 in Cr.
Misc. No. 71372 of 2022 and Cr. Misc. No. 28441 of 2024. He
further submits that the police after investigation submitted the
charge sheet and the petitioner is in custody since 02.11.2023.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault or overt act or firing against him and
similarly situated co-accused persons have been granted the
privilege of regular bail by the co-ordinate Bench of this Court,
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 Additional
Patna High Court CR. MISC. No.78044 of 2025(3) dt.22-01-2026
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Sessions Judge-XI, Gaya in connection with Chakand P.S. Case
No. 187 of 2020, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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)
Suruchi/-
U T
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