IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37681 of 2009 PRAMOD KUMAR, Son of Sri Gango Mahto, resident of Village- Marua, P.S. Hisua, District-Nawadah. Versus THE STATE OF BIHAR ----------- 04 23-02-2010 Heard Mr. Sanjay Kumar Jha, learned counsel for the petitioner and the learned A.P.P. for the State. The Petitioner is in jail since 30.12.2008 in connection with Sessions Trial No.221 of 2009/45 of 2009 arising out of Hisua P.S. Case No.136 of 2008 (G.R.No.1786 of 2008) for offences under Sections 302/201 of the Indian Penal Code. Learned counsel for the petitioner submits that the F.I.r. was lodged against unknown after recovery of the dead body of the brother of the informant. It appears that during the investigation some of the accused were arrested by the police on suspicion and name of this petitioner was disclosed by one of the accused, namely, Ravindra Kumar in his confessional statement made before the police. Learned counsel for the State submits that though his name has surfaced in the confessional statement of one of the accused but after being arrested by the police this - 2 - petitioner also confessed before the police and on the basis of his confessional statement, knife in question was recovered by the police. Learned A.P.P. further submits that in view of Section 27 of the Evidence Act, the disclosure in the confession of this petitioner up to that extent is admissible . Learned counsel for the petitioner submits that though knife was recovered and the said knife was sent for forensic test but without receipt of any report indicating as to whether the knife in question was used in the crime or not the police appears to have submitted chargesheet against the petitioner and , as such, recovery of knife which can be used even for domestic purposes cannot be termed to be sufficient materials to implicate this petitioner. Learned counsel further submits that one of the co-accused ,on whose confession the petitioner was made accused, has already been released on bail by this Court by the order dated 11.11.2009 passed in Cr.Misc.No.36252 of 2009. Without going into the merits of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of - 3 - the like amount each to the satisfaction of Addl Sessions Judge , F.T.C.No.1st , Nawadah , in connection with Sessions Trial No.221 of 2009/45 of 2009 arising out of Hisua P.S. Case No.136 of 2008 (G.R.No.1786 of 2008) . NKS/- ( Rakesh Kumar, J)