Chotu Kumar @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29875 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- NTPC District- Patna ====================================================== Chotu Kumar @ Rohit Kumar S/o- Devnandan Paswan @ Devan Paswan R/o- Basobagi P.S. Barh, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sapna Devi W/o- Raushan Paswan R/o- Dhiberchak Ps- NTPC Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Mandal For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with NTPC P.S. Case No. 89 of 2024 registered for the offence under Sections 74, 126(2), 115(2), 109(1), 352, 3(5) of BNS and Section 8 of POCSO Act.
3. The petitioner is named in the F.I.R. and is in custody since 25.10.2024.
4. As per FIR, named co-accused persons assaulted the daughter of informant while she went to nearby hand pump to collect water.
5. Learned counsel appearing on behalf of the petitioner submitted that the entire occurrence
Patna High Court CR. MISC. No.29875 of 2025(3) dt.30-08-2025 2/3 took place in the house of co-accused namely, Putul Devi where other named co-accused person alleged to assault the daughter of informant but considering over all aspect of accusation coaccused Putul Devi was granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 16739 of 2025 vide order dated 16.04.2025. It is pointed out that as the petitioner is the brother of Putul Devi for the same reason he was implicated with present occurrence, where nature of allegation is very much general and omnibus. It is submitted that parties are in inimical terms as brother-in-law of the petitioner also lodged a case against informant's side, which has been registered as NTPC P.S. Case No. 88 of 2024. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
Patna High Court CR. MISC. No.29875 of 2025(3) dt.30-08-2025 3/3
7. In view of aforesaid factual submission and by taking note of fact as the allegation of physical assault prima-facie not appears available against petitioner where he alleged to involved in occurrence by saying his participation only, coupled with fact that investigation of this case already completed where petitioner remains in custody since 25.10.2024, accordingly petitioner above named, is directed to be released on bail in connection with NTPC P.S. Case No. 89 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI cum Exclusive Special Judge, POCSO, Patna /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T