IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44260 of 2009 KAMLESH PRASAD YADAV @ KAMLESH YADAV @ DR.KAMLESH PRASAD YADAV SON OF LATE DHANESHWAR YADAV, RESIDENT OF VILLAGE SEIKHODAURA, TOLA SHIVPUR, P.S. KAWAKOLE, DISTRICT NAWADA… … PETITIONER Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Durgesh Nandan, Advocate For the State: Mr. Uma Shankar Pd. Singh, APP ----------- 5 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 302/120B/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report. However, his name has surfaced on the confessional statement of co- accused Munna Kumar Shrivastav before the police. In his confessional statement he has allegedly stated that the petitioner and others had caught hold of Amit Kumar Mishra, whereas co-accused Shiv Kumar Yadav had killed the deceased. However, it is submitted that the confessional statement recorded by the police has got no evidentiary value in the eye of law. Apart from that, there is no direct or indirect allegation against the petitioner. It 2 is also submitted that the aforesaid co-accused Munna Kumar Shrivastav has already been granted bail by a Bench of this Court vide order dated 27.01.2010 in Cr. Misc. No. 40915 of 2009. Learned counsel produces a certified copy of the aforesaid order, from which it would appear that the stand of co-accused Munna Kumar Shrivastav is that he had never made any confessional statement before the police and also that no one had seen the occurrence. Let the certified copy of the aforesaid order be kept on the record of this case. The petitioner is stated to be in custody since 07.07.2009. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, KAMLESH PRASAD YADAV @ KAMLESH YADAV @ DR.KAMLESH PRASAD YADAV, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in Sikandra Police Station Case No. 172/2009. SC ( Dr. Ravi Ranjan, J.)