Navin Kumar @ Navin Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72322 of 2023 Arising Out of PS. Case No.-71 Year-2022 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Navin Kumar @ Navin Paswan Son Of Nand Kishore Paswan Resident Of Village - Paharchak, P.S. - Muffasil Begusarai, District - Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304/34, 379/34, 356/34, 411/34 of the Indian Penal Code.

As per allegation in the FIR, while the informant along with his family members were traveling by Train, in the way, one unknown thief snatched the bag of his sister-in-law, namely, Kanta Jain. The bag contained gold chain, three mobile phone. She started making

Patna High Court CR. MISC. No.72322 of 2023(3) dt.06-02-2024 2/3 noise and ran behind the thief to catch him. In this process, she fell down from the train and sustained injuries to which she died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the F.I.R. and his name sprang up in this case on the basis of confessional statement of co-accused Manikant Pawan. Moreover, he is languishing in judicial custody since 06.11.2023. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that on the basis of CCTV footage two persons identified as one of them is petitioner and other is co-accused Manikant Paswan. Several witnesses have supported the prosecution version of the case. Vide para 36 and 38 of the case diary, in the seizure list of seized mobile phones from this petitioner whose IMEI No. was same as mobile phone stolen from the deceased. Postmortem report of the deceased shows that cause of

Patna High Court CR. MISC. No.72322 of 2023(3) dt.06-02-2024 3/3 death is due to hemorrhagic shock as a result of injuries caused by heavy, hard and blunt object compatible with rail traffic accident, which corroborates with the prosecution version of the case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T