IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8420 of 2009 1. BIRU PRASAD MANDAL,s/o late Eshwar Mandal 2. Pratosh Kumar Mandal,s/o Rameshwar Prasad Mandal 3. Bina Devi,w/o Biru Prasad Mandal. All are residents of Mohalla- Barmasia,Mirchaibari,P.S.-Sahayak Thana Mirchaibari (North from Middle School Barmasia),Dist.-Katihar. Versus STATE OF BIHAR ----------- 02/ 09-04-2009 Heard learned counsel for the petitioners and the State. Money, if any, was paid, that in itself is an illegal act comes within the definition of bribe, for which complainant himself is liable and apparently an accused, as giving of the bribe is similar crime. So, his statement comes in the definition of confession. Basing which petitioners’ arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Complaint Case No.C.A.432/2006, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Sri V.P.Singh, Judicial Magistrate, Ist Class, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )