IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39294 of 2009 1.VIGYAN MEHTA @ VIGYAN MEHTA son of Late Sikendra Mehta, resident of village Phulant, P.S. Chausa, District Madhepura. 2.Vikky @ Vikash Mehta son of Sri Chano @ Chandeshwari Mehta, resident of village Yogiraj, P.S. Puraini, District Madhepura. Versus STATE OF BIHAR ----------- 2 16/11/2009 Heard counsel for the petitioners and counsel for the State. The petitioners are facing prosecution for the offence under sections 302/120 (B)/34 of the Indian Penal Code as also under section 27 of the Arms Act. Counsel for the petitioners would submit that the petitioners were not named in the First Information Report and their involvement in this case has only emerged on their confessional statement which has got no evidenciary value in the eye of law. This Court would find that not only two petitioners were apprehended in course of investigation by the police with the motorcycle in question on which the deceased was traveling on the fateful day before his being killed but they have also admitted such recovery of the motorcycle from their conscious possession and thus this part of their admission in the confessional statement cannot be said to the exculpatory. That being so, this Court is not inclined to grant bail to the petitioners especially when prayer for bail of co-accused Nuri Mandal has also been rejected by order dated 31.8.2009 in Cr. Misc. 2 No.23330 of 2009. The trial of the petitioners may, however, be expedited. Abhay Kumar (Mihir Kumar Jha, J.)