IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40763 of 2009 SANJAY KUMAR YADAV @ SANJAY RAI @ SANJAY KUMAR Versus STATE OF BIHAR ----------- 2. 8.1.2010. Heard. The petitioner is named in the FIR of a case under Sections 489(A), 489(B), 489(C) and 120B of the IPC on the basis of the confessional statement of a co-accused namely, Samsuddin Ansari @ Master who stated that it was this petitioner who used to receive fake currency notes from the arrested accused on commission so as to circulating the same in the market. The contention is that the confessional statement of a co-accused could not be relevant against the petitioner and there is no other material against the petitioner. It is true that a confessional statement may not be admissible against a co-accused, if it is made before police by an accused but that could be relevant for raising a suspicion which could be sufficient under Section 41 of the Cr.P.C for affecting the arrest. The role of the petitioner is under investigation and if the petitioner is granted anticipatory bail it will be scuttling out the police power to investigate - 2 - the conduct and participation of the petitioner as stated by a co-accused. The petitioner may be required for interrogation, besides he may be required to given on police remand for further investigation. If anticipatory bail is granted the investigation shall be affected, considering which, the prayer is dismissed. B.Kr. ( Dharnidhar Jha, J. )