Navin Kumar @ Navin Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3698 of 2025 Arising Out of PS. Case No.-71 Year-2022 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Navin kumar @ Navin Paswan S/o- Nand Kishore Paswan Village- Paharchak Ps- Muffasil Begusarai Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offences under Sections 304, 379, 356 of I.P.C.
3. Earlier the prayer for bail of the petitioner was rejected by a Co-ordinate Bench of this Hon'ble Court vide order dated 06.02.2024 passed in Cr. Misc. No. 72322/2023.
4. As per the prosecution case, the informant along with his family members were travelling on a train when an unknown thief snatched the bag of the informant's sister-in-law, which contained a gold chain and three mobile phones. It is further alleged that the sister-in-law tried to run
2/4 after the thief and in the process, fell from the train and subsequently got injured and later died.
5. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has surfaced in the confessional statement of the co-accused Manikant Paswan. It has been submitted that though recovery of some mobile phones has been made, however no TIP has been conducted till date to establish the veracity of the same. Learned counsel next submits that one similarly situated co-accused namely Manikant Paswan has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 27.06.2025 passed in Cr. Misc. No. 15927/2025. It is lastly submitted that the petitioner has one criminal antecedent in which he is on bail and is in custody since 06.11.2022.
6. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner. 7.
Considering the aforesaid facts and circumstances of the case and taking into account that one similarly situated co-accused namely Manikant Paswan has been enlarged on bail by a Co-ordinate Bench of this Court
3/4 vide order dated 27.06.2025 passed in Cr. Misc. No. 15927/2025, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S.Tr. No. 48/2023 arising out of Begusarai Rail P.S. Case No. 71/2022 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. 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 criminal antecedent, the court below shall take step for cancellation of
4/4 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T