S.B.Cr.Misc. Bail Appli. No.384/2008 (Mansoor Khan Vs. State of Rasjasthan) Date of order : February 07, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.R.K.Charan, for the petitioner. Mr.J.P.S.Choudhary, P.P. for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. It is contended by the learned counsel for the petitioner that the occurrence is of year 2006 and two accused-persons viz. Jameel Khan and Ratan Lal have been arrested and against them, challan has been filed, however, the investigation against the present petitioner under section 173 (8) Cr.P.C. was kept pending. From perusal of the order impugned, it appears that there was lurking of house and the offence of theft has been committed; the jewellery and amounts belonging to the first informant have been stolen. The petitioner could not be arrested as he was not available. However, two accused- persons named above were arrested and some recovery has been effected from them. In my view, it is not a fit case to grant anticipatory bail to the petitioner, on the contrary, in such matters, custodial interrogation is necessary The bail application filed by the petitioner under section 438 Cr.P.C. is, therefore, dismissed. (H.R.PANWAR),J. m.asif/-