Patna High Court
Thako Chaudhary @ Thako ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Thako Chaudhary, was arrested on 15 October 2025 in connection with FIR No. 239 of 2024 alleging offences under several sections of the Bihar Negotiable Substances Act, 2023. The FIR specifically implicates co‑accused Saroj Chaudhary and Raja Chaudhary for assaulting the informant's family, while the petitioner is alleged only to be a member of the mob with no distinct act attributed to him. The petitioner’s counsel argued that he has a clean antecedent, the allegations against him are fabricated, and the FIR does not name any specific offence committed by him. The State opposed the bail application, contending that the petitioner is part of the alleged mob violence. The Court, after considering the lack of specific charges against the petitioner and his clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite being named in an FIR for multiple offences but without specific allegations of conduct.
- Whether the petitioner’s alleged participation as a member of a mob warrants denial of bail under the provisions of the CrPC.
Subjects
- bail
- criminal procedure
- mob participation
- assault
- false FIR
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90909 of 2025
Arising Out of PS. Case No.-239 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Thako Chaudhary @ Thako Chaudhari S/O Late Jivachh Chaudhari @
Jiwachh Chaudhary Resident of Village - Bharwari, P.S- Rosera , District -
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Pramod Kumar Singh, learned counsel for
the petitioner and Mr.Anish Chandra, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Rosera P.S. Case No. 239 of
2024, F.I.R. dated 14.10.2024 registered for the offence
punishable under Sections 191(2), 190, 115(2), 117(2), 109,
303(2), 324(4), 352, 351(2) of BNS, 2023.
3. As per FIR, specific allegation against co-accused
person, namely, Saroj Chaudhary is that he assaulted to wife of
the informant causing injury on her head and co-accused Raja
Chaudhary assaulted to the son of the informant by means of
Khanti. Petitioner is at best the member of the mob.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.90909 of 2025(2) dt.13-01-2026
2/3
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. It appears
from the FIR that although the petitioner is named in the FIR
but from a bare perusal of the FIR it appears that there is no
specific allegation of any assault or overt-act attributed against
the petitioner. Specific allegation against co-accused person,
namely, Saroj Chaudhary is that he assaulted to wife of the
informant causing injury on her head and co-accused Raja
Chaudhary assaulted to the son of the informant by means of
Khanti. There is no specific allegation against the petitioner, at
best, the petitioner may be a member of the mob. The police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 15.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts, 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 learned A.C.J.M.-I, Rosera,
Samastipur in connection with Rosera P.S. Case No. 239 of
2024, with the following conditions:-
Patna High Court CR. MISC. No.90909 of 2025(2) dt.13-01-2026
3/3
(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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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