IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29521 of 2008 Umesh Rai, Son of Jagannath Rai, Resident of village Majhauli, P.S. Bidupur, District Vaishali --- Petitoiner. Versus 1. The State Of Bihar. 2. Nitin Singh, Son of Dhirendra Pratap Singh, Resident of village Gadhbaruari, P.S. and District Supaul --- Opposite Parties For the Petitioner : Mr. S.N.P. Sinha, Sr. Advocate For the State : Mr. A.M.P. Mehta, A.P.P. For O.P. No. 2 : Mr. Shrinandan Prasad Singh, Advocate Mr. Ashok Kumar No. 1, Advocate ----------- 4 27.6.2011 Heard learned counsel for the petitioner, counsel for the State and the counsel appearing on behalf of Opposite Party No. 2. The petitioner has filed this application against the order dated 28.4.2008 passed by the Additional Sessions Judge, Fast Track Court No. II, Vaishali at Hajipur in Sessions Trial No. 477 of 2007. The allegation in the first information report instituted by the Driver of the District Magistrate, Hajipur is that some unknown criminals threw a bomb on the car of the District Magistrate. The occurrence is said to have taken place on 12.4.2006. On 30.5.2006 while the petitioner was holding a public meeting, it is alleged by him that at the instance of the Collector, Hajipur some persons came and beat up the petitioner, as his father who was M.L.C. at the relevant time had raised certain questions regarding the District Magistrate in the Assembly. The petitioner lodged a complaint case on 31.5.2006 in which the Collector is also an accused. On 6.6.2006 one Madan Prasad was arrested in this case. It is submitted that it was on the confessional statement of Madan Prasad that this petitioner has been made accused in the present case. 2 Learned counsel for the petitioner submits that the confessional statement of a co-accused cannot form the basis of prosecution and is bound to fail on this ground alone. The points raised on behalf of the petitioner may or may not be a good defence in this case. The confessional statement would have to be supported during trial in order to bring home the allegations against the petitioner. At present, this Court cannot quash the entire proceedings against the petitioner. This application is thus, disposed of with the direction to the Additional Sessions Judge, Fast Track Court No. II, Vaishali at Hajipur to expedite Sessions Trial No. 477 of 2007. Sanjay ( Sheema Ali Khan, J.)