IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28631 of 2010 Niraj Kumar @ Niraj Singh, Son of Sri Surya Mohan Prasad Singh, resident of Road No.12,Sri Krishna Nagar, P.S. Budha Colony, District-Patna, permanent resident of Village- Baikhatpur, P.S.Khusrupur, District-Patna -------------------Petitioner Versus STATE OF BIHAR ----------- 05 03-03-2011 Heard Sri Akhileshwar Prasad Singh, learned Senior Counsel for the petitioner and learned Addl.Public Prosecutor. The petitioner, who is in custody in Khusrupur P.S. Case No.166 of 2009 for the offence under Sections 304/302/ 201/34 of the Indian Penal Code, has prayed for grant of bail. The petitioner was named in the F.I.R. It was alleged that the petitioner was also along with other accused ,with whom younger brother of the informant had gone. On the next date, the dead body of the brother of the informant was found. It appears that during the investigation, accused persons were arrested and one of the co-accused confessed that he heard sound of firing and thereafter he was informed by the deceased that this petitioner had fired on him. Learned Addl. Public Prosecutor submits that even this petitioner has also confessed, but he had taken plea that due to mistake fire had occurred. Learned Senior Counsel for the petitioner submits that confession either of the petitioner or co-accused has no evidentiary value and, as such, the petitioner cannot be detained. In view of the fact particularly the fact that the 2 petitioner was also lastly seen with the deceased, it is not fit case for grant of bail. Accordingly, the prayer for bail stands rejected. NKS/- ( Rakesh Kumar,J.)