IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1427 of 2010 Mahesh Sah, son of Late Shiv Shankar Sah, resident of Village- Lodipur, Fatikbara, Police Station-Mahnar, District- Vaishali. …………………………….Petitioner. Versus The State of Bihar …………………………Opposite Party. ---------- 3. 13. 04. 2010. Heard Mr. Mahendra Thakur, learned counsel appearing on behalf of the petitioner and Mr. Bishweshwar Ram, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Mahnar P.S. Case No. 49/2009 dated 15. 05. 2009, registered under Section 395/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that he is not named in the F.I.R. and no incriminating article has been recovered either from his house or from his possession. According to him, only material against this petitioner that he has been named by co-accused in his confessional statement recorded by the Police which has got no evidential value. Learned counsel for the State has strongly opposed the prayer for grant of anticipatory bail and has pointed out that this is a case relating to high way dacoity and petitioner has been named by co-accused. In a case like this custodial interrogation of accused is must. In that view of the matter, prayer for grant of anticipatory bail made by the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks 2 from today and seek regular bail, if so advised, which may be disposed of on its own merit. m.p. ( Birendra Prasad Verma, J.)