Chhotu Kumar @ Chhotu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11632 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- NASRIGANJ District- Rohtas ====================================================== Chhotu Kumar @ Chhotu Paswan Son of Dharmendra Paswan @ Dharmendra Ram Resident of Village- Jamalpur, P.S.- Nasriganj, DistrictRohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwari, Adv.
For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nasriganj P.S. Case No. 139 of 2024 dated 19.04.2024 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, on 19.04.2024, the informant's father was walking outside the house after taking meal then the co-accused persons, Pappu Kumar, Basant Pandit and Disco Pandit instigated to kill his father under conspiracy. Thereafter, the accused persons started to assault the informant's father with lathi due to which he fell down on the ground and
Patna High Court CR. MISC. No.11632 of 2025(2) dt.16-04-2025 2/3 died. It is further alleged that the informant apprehends that the petitioner along with unknown persons was also present there.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the specific allegation of assaulting is against the coaccused, Pappu Kumar, Basant Pandit and Disco Pandit. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. As per the impugned order, there is no external or internal injury was found on the body of the deceased. The coaccused person has already been granted bail by the Coordinate Bench of this court vide order dated 26.10.2024 passed in Cr. Misc. No. 58034 of 2024. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.11632 of 2025(2) dt.16-04-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No. 139 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T