IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39885 of 2009 PRAMOD YADAV, son of Niro Yadav, resident of village Mangwar Nasi Tola, P.S. Basnahi, District Saharsa Versus STATE OF BIHAR ----------- 2. 23.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for offence u/ss 395/412 of the Indian Penal Code and though not named in the F.I.R. his complicity has emerged on account of the confessional statement of the co-accused who was caught by the villager at the spot while fleeing away with the motorcycle. It is in the confessional statement of such co- accused Gautam that the petitioner has been given the role of an accomplice in which the entire credit for the occurrence has been taken by Gautam alongwith one Chandan. Such confessional statement, therefore, being wholly inculpatory statement cannot be lightly brushed aside as was the submission of the learned counsel for the petitioner. True it is that the petitioner was earlier involved in only one incident for which two cases were lodged but then the circumstance of recovery of the motorcycle from a named 2 co-accused who gives a confessional statement with the details of entire occurrence and the petitioner thereafter with a criminal history had given his own confessional statement are some of such links which cannot be altogether ignored for the present. That being so, this Court would reject the prayer for bail of the petitioner for the present till he would complete his judicial custody for a period of nine months. The petitioner may renew his prayer for bail after completing nine months of his judicial custody. (Mihir Kumar Jha,J.) Surendra/