IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38633 of 2008 NAND KISHORE BHARTI …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY ----------- 3. 27.11.2008 Heard Sri Vikash Ratan Bharti, Advocate for the petitioner and Sri D. Mehta, APP for the State. The name of the petitioner has been implicated by the co-accused, who was in possession of the narcotic substance. The sole point for decision on the earlier occasion as also today is whether unsigned exculpatory confessional statement of co-accused could be utilized against another, if it is not signed. I have gone through the case diary and it is pointed out that there is no confessional statement and it was mere oral. As such, there could not be any question of the same being signed. I was referred to the relevant provisions of Section 53, which requires the confessional statement to be signed by the accused making it. Regard being had to the above facts and circumstances, let petitioner Nand Kishore Bharti be released from custody on furnishing a bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each - 2 - to the satisfaction of Special Judge, Bettiah (NDPS Act) in connection with Bettiah Muffasil P.S. Case No. 72 of 2008 (G.R. No. 1024 of 2008). DKS/ (Dharnidhar Jha, J.)