IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22636 of 2009 RAVI RANJAN VISHWAKARMA @ RAVI RANJAN KUMAR SON OF SATYENDRA VISHWAKARMA, RESIDENT OF VILLAGE KHAIRA, P.S. MUFASSIL, DISTT. AURANGABAD. -----PETITIONER. Versus STATE OF BIHAR ----------- For the petitioner - Mr. Dinu Kumar, Advocate Mr. Arvind Kumar Sharma, Advocate For the State - Mr. Dashrath Mahto, A.P.P. ---------- 3. 01/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 302, 201 and 34 of the Indian Penal Code. Petitioner is not named in the F.I.R. It is said that confessional statement of two accused persons were recorded by the Police in which this petitioner was named and thereafter it is said that the confessional statement of this petitioner was also recorded by the Police. There is no recovery from the possession of the petitioner. Learned counsel for the State submits that the father of the petitioner had given his statement before the Police with regard to some business transaction of this petitioner with the deceased, indicating some motive against the petitioner. However, there is no further material to give credence to the involvement of the petitioner in the crime. Learned counsel for the petitioner submits that the confessional statement recorded by the Police in the case diary is not admissible in the eye of law and has to be 2 completely ignored. Petitioner is in custody since 24.1.2009. It is said that he has no criminal antecedent. Considering the above facts and circumstances of the case, this application is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Mufassil Aurangabad P.S. Case No. 112 of 2008 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. S.Ali (J.N. Singh, J.)