IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35611 of 2009 MD. AFTAB ALAM S/O LATE MD. NIZAM VILL- NAYA GAON, P.S- KOTWALI, DISTT-MUNGER Versus THE STATE OF BIHAR --------- 04 22.12.2009 Heard learned counsel for the petitioner and the State. It is not disputed that the petitioner does not figure in the first information report which is a case of the case in question is Kotwali (Basudeopur O.P.) P.S. Case no. 401 of 2007 but on deeper investigation the role of the petitioner has emerged along with other accused. There is a very detailed confessional statement made by the petitioner before the police where the background to the conspiracy and the role played by the petitioner is execution and motive has emerged. Submission of the counsel for the petitioner is that the confessional statement may not be good enough to keep him in judicial custody and link him with this case but from the materials which have emerged in the investigation including the statement made by the petitioner, the court does not seem to be impressed by the submission that the petitioner can not be linked with the present crime. The confessional statement alone may not be enough for seeking a conviction of the petitioner in trial but it is not a case of no evidence at all. The background of the petitioner coupled with the criminal antecedents of petitioner, this Court is not inclined to enlarge the petitioner on bail at this stage. Prayer for bail is rejected. Trial may be expedited. shahid (Ajay Kumar Tripathi,J)) - 2 -