IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39275 of 2009 MUNNA YADAV Versus THE STATE OF BIHAR ----------- 2 6.1.2010. Heard. The case has been registered under Section 364 of Indian Penal Code relating to hijacking a truck loaded with lubricating oil. Some plastic bucket boxes containing Mobil were recovered from different accused persons. Consequent upon confessional statement of some co-accused, the name of the present petitioner surfaced. It is true that confessional statement before Police may not be admissible in evidence, but it could be sufficient to arrest a person under Section 41 Cr.P.C. In case of the present nature, the question of identity is involved and if an accused is admitted to anticipatory bail, not only enacting the provision of Section 438 Cr.P.C. shall be frustrated, but also the Police will not be able to investigate the case and thereby unable to find the identity of the accused persons. In the above circumstances, I am not inclined to grant anticipatory bail to the petitioner and his prayer is, accordingly, dismissed. SKBOSE (Dharnidhar Jha)