Patna High Court
Goru Paswan @ Jitendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed; the petitioner is not entitled to bail.
Summary
The petitioner, Goru Paswan, applied for bail in a case registered under Section 310(2) of the Bharatiya Nyaya Sanhita relating to an assault‑loot incident in which loot worth Rs.2,20,700 and gold articles were taken. The petitioner’s name appeared in the self‑inculpatory statement of co‑accused Gautam Paswan, from whose possession some looted articles were recovered. He has been in custody since 18‑01‑2026 and has ten prior serious criminal convictions. The Court considered the incriminating statement and the extensive criminal antecedents and concluded that bail could not be granted. Consequently, the bail application was dismissed, with the Court noting that its observations were limited to this bail application and did not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner under Section 310(2) of the Bharatiya Nyaya Sanhita in view of the self‑inculpatory statement linking him to the offence.
- Whether the petitioner’s ten serious criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2)
Subjects
- bail
- Section 310
- attempted murder
- self‑inculpatory statement
- criminal antecedents
- high court
- denial of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21594 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Goru Paswan @ Jitendra Paswan S/O Indrajeet Paswan Resident of Village-
Godiha, P.S- Noorsarai, Distt.- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arbind Choudhary S/O Late Basant Choudhary R/O Mohalla- Magadh
Colony, P.S.- Laheri, Distt.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N A Shamsi, Advocate
For the State : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Laheri
P.S. Case No. 06 of 2026 registered for the offence punishable
under Section 310(2) of the Bharatiya Nyaya Sanhita.
3. Unknown criminals after assaulting the victim
committed loot of Rs. 2,20,700/-, gold articles etc. The name of
the petitioner has come in the self inculpatory statement of one
Gautam Paswan @ Vikky Paswan from whom some looted
articles have been recovered.
4. The petitioner is in custody since 18.01.2026
having ten criminal antecedents.
Patna High Court CR. MISC. No.21594 of 2026(2) dt.06-04-2026
2/2
5. Considering the fact that the name of the petitioner
has come during self incupatory statement of the co-accused
from whom looted articles were recovered and also the fact that
the petitioner has ten criminal antecedents of serious nature, I
am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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