Bibhuti Kumar Singh @ Vibhuti Singh @ Rupak Singh @ Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35213 of 2024 Arising Out of PS. Case No.-61 Year-2022 Thana- NAUHATTA District- Rohtas ====================================================== Bibhuti Kumar Singh @ Vibhuti Singh @ Rupak Singh @ Rupak Kumar Son of Dayanath Singh @ Yudhisthir Singh Resident of Village- Arraha Mahua, Ward No- 10, P.S- Ghailarh O.P (Madhepura ), Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nauhatta P.S. Case No. 61/2022 registered for the offences punishable under Sections 394, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, unknown miscreants fired upon the informant's cousin and snatched laptop, cash and mobile phone. It is alleged that in the way to the hospital, the victim died.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has submitted further that co-accused Gauri Shankar Kumar on whose confessional statement, the name of this petitioner has figured, has been granted bail in Cr. Misc. No. 47490 of 2022 vide order dated 30.01.2023. On the basis of confessional statement of co-accused Gauri Shankar Kumar, nothing was recovered from possession of the petitioner, as such,

Patna High Court CR. MISC. No.35213 of 2024(4) dt.06-09-2024 2/2 the confessional statement of co-accused before the police has no probative value. He has also submitted that the criminal antecedent of the petitioner was the only ground on which his bail was rejected.

5. On the other hand, the learned counsel APP for the State has opposed the prayer for bail.

6. Co-accused Gauri Shankar Kumar, on whose confessional statement, the name of this petitioner has figured, has been granted bail by a coordinate Bench of this Court. Nothing was recovered from possession of the petitioner.

7. Considering the above-mentioned facts and circumstances of the case, let the petitioner above named be released 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 District and Sessions Judge-III, Saharsa in connection with Nauhatta P.S. Case No. 61/2022, subject to condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T