Gopal Kumar @ Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32124 of 2026 Arising Out of PS. Case No.-360 Year-2025 Thana- HISUWA District- Nawada ====================================================== 1.

Gopal Kumar @ Paswan, son of Krishna Paswan Resident of Village - Tufanganj, PS- Rahui, Dist- Nalanda, Bihar.

2.

Subodh Kumar, Son of Late Brijnandan Paswan @ Vrijnandan Pasawan, Resident of Village - Belsar, PS- Noorsarai, Dist- Nalanda, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard the parties.

2. Petitioners seek regular bail in connection with Hisua P.S. Case No. 360 of 2025 registered for the offence punishable under section 309(4) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners were not named in the FIR and their names surfaced during investigation only on the basis of alleged confessional statements made before the police. It is further submitted that the petitioners were already in custody in connection with Nawada P.S. Case No. 692 of 2025 and after more than two months, they were implicated in the present case merely on suspicion. It is further submitted that nothing incriminating has been recovered from the possession of the petitioners and no Test Identification Parade (TIP) has been conducted till date. It is lastly

Patna High Court CR. MISC. No.32124 of 2026(2) dt.12-05-2026 2/2 submitted that investigation has already been completed and charge-sheet has been submitted and the petitioners are in custody since 11.09.2025.

4. Learned APP for the State has opposed the prayer of the petitioners.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions, coupled with the facts that in respect of the petitioners' involvement in the alleged crime of loot, the prosecution is mainly relying on the confessional statements of the co-accused persons and the petitioners before the police and the petitioners were remanded in the present matter on 11.09.2025 and thereafter no Test Identification Parade (TIP) has been done till date by the prosecution, as stated by petitioners' counsel, and the same has not been refuted by learned APP, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned in connection with Hisua P.S. Case No. 360 of 2025. (Shailendra Singh, J) annu/- U T