Chhotu Kumar Paswan @ Chhotu Kumar @ Chotu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2970 of 2026 Arising Out of PS. Case No.-283 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Chhotu Kumar Paswan @ Chhotu Kumar @ Chotu Paswan Son of Yogendra Paswan Resident of Village- Katermala PS- Goraul District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Shankar Prasad, Advocate For the Opposite Party/s :
Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-02-2026 Heard Mr. Ram Shankar Prasad, learned counsel for the petitioner and Mrs. Rina Sinha, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 22.04.2024 in connection with S.Tr. No. 735 of 2024 arising out of Goraul P.S. Case No. 283 of 2023, FIR dated 01.07.2023 registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
3. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 10.01.2025 in Cr. Misc. No. 79090 of 2024.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation
2/4 as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. From a bare perusal of the FIR it appears that there is no specific allegation of assault and overt act or demand of dowry attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. Petitioner has been made accused in the present case merely on the ground that he is the husband of the deceased.
5. Learned counsel for the petitioner submits that the petitioner is in custody since 22.04.2024 and the trial is not in progress.
6. Vide order dated 30.01.2026, a report was called for with regard to the present stage of trial. Report of the learned Trial Court dated 09.02.2026 reveals that out of six chargesheet witnesses only one witness has been examined and the learned Trial Court has already issued summons, bailable and nonbailable warrant against the witnesses but the witnesses have not been deposed as yet.
7. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner.
8. Considering the nature of allegations levelled
3/4 against the petitioner in the F.I.R., report of learned Trial Court and the period of custody, 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 Additional Sessions Judge-II, Vaishali at Hajipur in connection with S.Tr. No. 735 of 2024 arising out of Goraul P.S. Case No. 283 of 2023, with 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/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/her 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
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ankit Kumar/- U T