IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12310 of 2009 PANKAJ KUMAR SINGH @ MANNU SINGH Versus STATE OF BIHAR ----------- 04/ 04.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Bhagwan Bazar P.S. Case No. 114 of 2004 for offences punishable under Sections 395, 396 and 397 of the Indian Penal Code. Substance of allegation as against the petitioner and some others is of robbing the cash carrier of the S.B.I. main Branch, Chapra and in that process the Guard was shot at and during the course of treatment he died. The name of the petitioner has transpired during the course of investigation on the basis of statement of a co-accused Ramesh Yadav who has categorically attributed the death of the Guard of the Bank, Parmatma Singh to the shot fired by this petitioner. Learned counsel appearing on behalf of the petitioner submits that the statement of the co-accused is not legal evidence and is unsustainable and cannot be used during the course of trial and cannot be relied upon. Learned counsel further submits that it is a case of no evidence and the petitioner is in custody since 17.9.2008. This is a case a road robbery from the cash 2 carrying jeep of the S.B.I. resulting in death of the Guard. Considering the nature of allegations, I am not inclined to release the petitioner on bail. Prayer for bail is rejected presently. S.Sb/- (Jyoti Saran, J.)