IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34242 of 2011 ====================================================== Krishan Kumar Sharma, son of Mussfir Sharma, resident of village- Ramgarh, P.S.- Siswan, District- Siwan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kaushal Kumar Singh, Advocate. For the Opposite Party/s : Mr. J.K.Singh No.1, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 395 and 397 of the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted that the petitioner is not named in the F.I.R. as an accused and no incriminating article has been recovered either from the house or from possession of the petitioner. It is also submitted that some affidavits have been filed by some of the witnesses stating therein that the petitioner was not responsible for commission of the crime in question. Be that as it may, in view of nature of allegation and in view of the fact that the petitioner is absconding since 2007, 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. In the facts and circumstances of the case, the above named petitioner must surrender in the court below within a period of four Patna High Court Cr.Misc. No.34242 of 2011 (2) dt.12-10-2011 2 weeks from today in connection with Siswan (Chainpur O.P.) P. S. Case No. 99 of 2007 dated 11.11.2007, pending in the court of learned Chief Judicial Magistrate, Siwan and, if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. BTiwary/- (Birendra Prasad Verma, J)