IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10992 of 2010 KAPIL YADAV,son of Late Shital Yadav, resident of Village-Sakhua,P.S.-Sour Bazar, Patarghat O.P.,District-Saharsa. .. .. Petitioner Versus THE STATE OF BIHAR.. Opp.Party ----------- For the Petitioner :Mr.Amarnath Jha,Advocate For the State :Mr.Mukeshwar Dayal,Addl. P.P. ---------- 02/ 27-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Sour Bazar P.S.Case No.265 of 2008 dated 03-10-2008, registered under Sections 414/307/34 of the Indian Penal Code as also under Sections 25(1-B)a/27 of the Arms Act. According to prosecution case, on 02-10-2008 money allotted by the Government were being distributed amongst the flood victims and petitioner along with another accused had planned to commit loot of that money. When the police personnel attempted to apprehend the petitioner, then he resorted to firing and three live cartridges were recovered. It is submitted by the learned counsel for the petitioner that the entire prosecution case is based on suspicion and the police personnel are on inimical terms against the petitioner, therefore, this false case has been instituted. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that the petitioner has criminal record and is an accused in a case under Section 395 of 2 the Penal Code besides the present case. In that view of the matter, the prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)