Naveen Kumar Ram @ Naveen Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67803 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- KATIHAR GRP CASE District- Katihar ====================================================== Naveen Kumar Ram @ Naveen Kumar Rai Son Of Harendra Ram @ Harendra Rai Resident Of O.T. Para, Pal Market, P.S.- Sahayak, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 392, 201, 34 of the Indian Penal Code. It is a case of commission of murder of the nephew of the informant by some unknown criminals. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the
Patna High Court CR. MISC. No.67803 of 2022(5) dt.11-07-2023 2/3 confession of co-accused Krishna Kumar Rai. There is no eye witness to the occurrence. The petitioner is languishing in custody since 12.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that co-accused Krishna Kumar Rai from whose possession, the mobile phone of the deceased was recovered, has named the petitioner and from the possession of the petitioner also, two pairs of ear-ring of the deceased were recovered. The petitioner in his confessional statement as mentioned in para 47 of the case diary has also confessed his guilt. The postmortem report also corroborates the case of the prosecution.
Considering the facts aforesaid, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.
Patna High Court CR. MISC. No.67803 of 2022(5) dt.11-07-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.
(Sunil Kumar Panwar, J) Shageer/- U T