IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36231 of 2010 MAHESH PASWAN Versus SATTE OF BIHAR ----------- 02. 13.01.2011 Heard learned counsel for the petitioner and the State. Motorcycle, cash of Rs. 90,000/- and some documents is looted of the informant. Submission of the learned counsel for petitioner is that the only evidence against him is confession of co- accused Vijay Paswan against whom he has filed informatory petition in the court of Sub-divisional Magistrate, but without any provision. There can be no doubt that confession of co-accused can never be taken as evidence, but it is not applicable in the case of offence under Section 395 of the Indian Penal Code, in the sense that the same can be taken as material for investigation and after appearance, if some confession appears leading to recovery or identification that is not possible, if bail is granted to the petitioner. Accordingly, prayer of petitioner for anticipatory bail stands rejected. Vikash (Mandhata Singh, J.)