IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36103 of 2010 SANJAY YADAV S/O NAND KISHORE YADAV, RESIDENT OF VILLAGE- PACH RUKHIYA, P.S.- DUMARIYA, DISTRICT- GAYA.. PETITIONER. Versus THE STATE OF BIHAR..O.P. ----------- 3 26.3.2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under section 392 of I.P.C. It is submitted that petitioner is neither named in the F.I.R. as an accused nor any incriminating article has been recovered either from his house or from his possession. It is also highlighted that there is no other criminal case pending against the petitioner and he has been arrayed in the category of accused merely on the basis of statement made by a co-accused. Learned counsel for the State has opposed the prayer of anticipatory bail and submits that there are materials in the case diary to show the complicity of the petitioner in commission of the crime in question. Be that as it may, in view of the nature of the allegation and in view of the fact that it is a case of high way robbery and a motor cycle and other articles of the 2 informant has been looted by the miscreants, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below within a period of four weeks from today in connection with Dumariya P.S. Case No.45/09 pending in the court of S.D.J.M., Sherghati, Gaya, and seek regular bail, if so advised, which shall be considered and disposed of on its own merit, without being prejudiced by this order. Anilkr.sinha (Birendra Prasad Verma,J.)