Created by Fuzzy Cloud

Patna High Court

Chhotu Kumar Paswan @ Chhotu Kumar @ Chotu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            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 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
Patna High Court CR. MISC. No.2970 of 2026(3) dt.13-02-2026
                                            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
           Patna High Court CR. MISC. No.2970 of 2026(3) dt.13-02-2026
                                                       4/4




                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Ankit Kumar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.