IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23483 of 2009 ANIL SINGH son of Duryodhan Singh, resident of village Budhase Kund, P.S. Mohamadpur, District Gopalganj… ..Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: M/s Aslam Ansari, Md. Anis Akhtar, Advocates For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 3 07.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 302, 201/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner has been made accused only on the basis of confessional statement made by co-accused before the police, which has got no evidentiary value. It is further submitted that the petitioner is under judicial custody since 05.05.2008 and a similarly situated accused, Chandan Paswan, has been granted bail by a Bench of this Court in Criminal Miscellaneous No. 9150 of 2009 vide order dated 18.03.2009. Learned counsel for the State submitted that unknown dead body was recovered and the chowkidar of the concerned village lodged the first information report. 2 During the course of investigation, the deceased was identified to be the driver of the vehicle, namely, Gyasuddin Khan, and the petitioner and other co-accused had hired the vehicle, which was being driven by the deceased and subsequently, the deceased was killed and the vehicle was stolen. On the basis of the confessional statement of co-accused, the driving licence of the deceased driver as well as the mobile phone had been recovered from the possession of the petitioner. It is submitted that the bail was granted to co-accused Chandan Paswan on the impression that nothing had been recovered from the possession of the aforesaid accused Chandan Paswan, however, there is admitted recovery of the driving licence and the mobile phone of the deceased driver from the possession of the petitioner. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail for the present. This application is dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)