Patna High Court
Chhotu Kumar Paswan @ Chhotu Kumar @ Chotu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Chhotu Kumar Paswan was arrested on 22 April 2024 in connection with an FIR dated 1 July 2023 alleging offences under Sections 304B and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner sought bail after a prior bail application had been rejected. His counsel argued that he has a clean antecedent, the FIR contains only generic allegations and no specific act of dowry demand or assault, and that the trial has not progressed, with only one of six charge‑sheet witnesses examined. The trial court report confirmed the lack of witness testimony and the issuance of warrants for the remaining witnesses. Considering the nature of the allegations, the stage of the trial, and the length of custody, the High Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged dowry death and common intention offences given the stage of trial and length of custody.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- dowry death
- IPC 304B
- Section 34
- Dowry Prohibition Act
- criminal trial
- pre‑trial detention
Judgment
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
3 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
Patna High Court CR. MISC. No.2970 of 2026(3) dt.13-02-2026
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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 non-
bailable 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
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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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ankit Kumar/-
U T
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