IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10054 of 2009 Bipin Kumar son of Sri Umanand Singh, Resident of Mohalla- Shambhu pura, P.S. Naubatpur, Distt. Patna Versus STATE OF BIHAR ----------- 02/ 13.8.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with four others and they are alleged to have opened fire killing the son of the informant. Learned counsel for the petitioner prays for grant of bail in the event of arrest on the basis of the extra judicial confession of three persons, who have been made accused not in the present case but in another case registered for the offence under Sections 401/414 of the Indian Penal Code and Sections 25(1-A)(1-B),26,35 of the Arms Act, as they admitted in their extra judicial confession recorded in the subsequent case that they were the assailants of the deceased of the present case. At the stage of grant of bail in the event of arrest, extra judicial confession of accused of another case cannot be looked into as legal evidence for disbelieving the prosecution case as set out in the First Information Report. In the circumstances, I am not inclined to admit the petitioner to the privilege of bail in the event of arrest. This application is, accordingly, rejected with direction to the petitioner to surrender in the court of Sri A.K. Srivastav, Judicial Magistrate 1st - 2 - Class, Danapur in connection with Bihta P.S. Case No. 131 of 2008 within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law. Arjun/ (V.N. Sinha, J.)