Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8559 of 2026 Arising Out of PS. Case No.-190 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Rupesh Kumar Son of Pachu Singh @ Panchu Singh Resident of VillagePirapur Mathura, P.S.- Goraul, District- Vaishali (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 21-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhagwanpur P.S. Case No. 190 of 2025 registered for the offences punishable under Sections 87 (5), 3 (5), 103 and 238 of the B.N.S.

3. As per the prosecution case, on 27.05.2025, at about 10:30 A.M. daughter of the informant went to college to collect admit care but she did not return back and after lodging of the F.I.R, the dead body was recovered by the police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has been submitted that petitioner is not named in the F.I.R and on suspicion petitioner was arrested and his

Patna High Court CR. MISC. No.8559 of 2026(3) dt.21-04-2026 2/3 confessional statement was taken by the police while in the police custody which has got no evidentiary values in the eyes of law. Moreover, the confessional statement has not led to any recovery of any incriminating article and except the confessional statement, there is no material on record to show the complicity of the petitioner with the alleged occurrence. It has further been submitted that the daughter of the informant went missing on 27.05.2025, however, the complaint petition was lodged after inordinate delay of one month i.e. on 27.06.2025 and there is no plausible explanation for the same which makes the entire prosecution case doubtful. During investigation, none of the witnesses have claimed to have seen the petitioner committing the alleged offence.

Charge sheet has been submitted in this case and there is no allegation of tampering against the petitioner. Petitioner is in custody since 20.08.2025 and although he is accused in one another case but in that case he has been acquitted of all the charges. Co-accused having more or less similar allegations, namely, Aman Kumar, has been granted the privilege of bail by a co-ordinate Bench of this Court vide order dated 08.12.2025 passed in Cr. Misc. No 84056 of 2025.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.8559 of 2026(3) dt.21-04-2026 3/3 the prayer for bail of the petitioner.

6. Heard the parties and perused the record, considering the facts and circumstances of the case particularly the parity with the co-accused who has been granted privilege of bail by the co-ordinate Bench of this Court, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-6th, Vaishali, Hajipur, in connection with Bhagwanpur P.S. Case No. 190 of 2025.

7. The application stands allowed (Praveen Kumar, J) vashudha/- U T