IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37658 of 2009 SHIVSHANKAR SAH @ NANHKI @ SHIVSHANKAR PRASAD,son of Rambabu Sah, resident of village-Sonar Patti, Nakti Devi Road,P.S.- Dighwara,District-Saran. Versus THE STATE OF BIHAR ----------- 04/ 26-03-2010 Heard Mr. Vijay Shankar Shrivastava, learned counsel appearing for the petitioner and Sri Choubey Jawahar, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Hajipur Town P.S.Case No.353 of 2008 dated 29-06-2008, registered for the offences under Sections 414/34 of the Indian Penal Code and 25 of The Antiquities and Art Treasures Act, 1972. Learned counsel for the petitioner submits that only material against him is that he has been named by co-accused Gorakh Nath Gupta and Md. Maksud Alam, when they were apprehended by the police. He further submits that there was some enmity between the petitioner and co-accused Gorakh Nath Gupta. Therefore, he has named this petitioner before the police. Learned counsel for the State points out that the present case has been lodged for committing theft and recovery of antiquities including ancient idol of Lord Shiva and Parvati. The petitioner is said to have handed over the aforesaid stolen antiquities. In the aforesaid background this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. 2 Accordingly, this application is dismissed. Petitioner must surrender in the court below within a period of four weeks from today and seek regular bail. If such a petition is filed, the same shall be disposed of on its own merit without being prejudiced by this order. Let this order be communicated to the court of C.J.M., Vaishali at Hajipur through fax at the cost of the petitioner. AH/ ( Birendra Prasad Verma, J.)