IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42835 of 2009 RAKESH PANDEY, son of Satrughan pandey, resident of village Gokulpur, P.S. Harnaut, District Nalanda. Versus STATE OF BIHAR ----------- 2 16/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for the offence under sections 395/397 of the Indian Penal Code, has his defence for the purpose of bail that neither he is named in the First Information Report nor the alleged recovery from his possession of a mobile will inspire confidence. He would also rely on the order of this Court dated 7.8.2009 in Cr. Misc. No.21147 of 2009 releasing the co-accused Sanjay Singh. First of all this Court must notice the material in the case diary against the co-accused Sanjay Singh, inasmuch as, it appears from the order of this Court dated 7.8.2009 that in fact it was confessional statement of this petitioner naming Sanjay Singh who was having no criminal antecedent which had weighed upon this Court to release him on bail. The alleged recovery of a firearm from Sanjay Singh was also explained in the order granting him bail by holding that he was only the tenant of the petitioner. Thus the case of the petitioner can not be said 2 to be similar to co-accused Sanjay Singh. That apart, when the petitioner was found to be in possession of a looted mobile and he could not produce any paper for showing its legal authority, it would not lie in the mouth of the petitioner to claim that the seizure was incomplete and/or would not inspire confidence. Such seizure, in fact, came to be made only on the basis of the confessional statement made by the petitioner and therefore it cannot be said that his confessional statement had not been corroborated in course of investigation. That being so, this Court would not find any reason to direct release the petitioner on bail and accordingly prayer for bail of the petitioner is rejected. Abhay Kumar (Mihir Kumar Jha, J.)