IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23141 of 2011 ====================================================== Md. Shah Nawaz Ashrafi @ Shahnawaz @ Akram @ Arkam, son of late Shafiqul Haque, resident of village- Bagdob, P.S. Baisi, District-Purnea. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Farroque Ahmad Khan with Mr. Md. Qumrul Hoda, Advocates. For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under sections 392 and 411 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is not named in the First Information Report as an accused. It is also submitted that for the alleged recovery of stolen motor cycle from near the house of the petitioner, he cannot be held responsible. According to him, the stolen motor cycle was thrown there by some other accused persons. It is further submitted that as per confessional statement of co-accused Khurshid @Latta, the petitioner’s participation in the crime in question is not supported. Learned Additional Public Prosecutor has opposed the 2 prayer for anticipatory made on behalf of the petitioner. He submits that the miscreants had not only snatched the motorcycle but the cash amount and other articles belonging to the informant, after putting him under threat of death. By referring to the confessional statement of co-accused Khurshid @Latta (Annexure-2), it is highlighted that he has shown the petitioner as the person who give protection to the criminals. It is further highlighted that recovery of looted motorcycle from near the house of the petitioner shows his involvement in the crime in question. Be that as it may, in view of serious nature of allegation, this court is not inclined to accede to the prayer made on behalf of the petitioner for grant anticipatory bail. It is, accordingly, rejected. The petitioner is hereby directed to surrender in the court below within a period of four weeks from today, in connection with Baisi P.S. Case No. 175 of 2010 pending in the court of the learned Chief Judicial Magistrate, Purnea and if so advised, seek regular bail, which shall be considered on its own merits without being prejudiced by the present order. Devendra/- (Birendra Prasad Verma, J)