IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28967 of 2010 HARENDRA SINGH Versus STATE OF BIHAR ----------- 04 29.10.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is not named in the F.I.R. but it appears from perusal of the impugned order as well as case diary that petitioner was found using sim card in one stolen mobile phone which is evident from perusal of paragraph 26 of the case diary as mentioned by learned Sessions Judge. Learned counsel for the petitioner submits that except the aforesaid material there is nothing against the petitioner and moreover Investigating Officer could not succeed to collect the evidence in respect of other looted mobiles but in my view, there is some specific material against the petitioner that he was found using stolen mobile phone I am not inclined to grant privilege of anticipatory bail to the petitioner in such a serious case of dacoity. Accordingly, this anticipatory bail petition stands rejected. However, petitioner is directed to surrender 2 within thirty days from the date of communication of this order and seek regular bail which shall be considered by the learned court below on its own merits without being prejudiced by this rejection order, particularly, keeping in mind that some of the co- accused persons have already been granted privilege of regular bail. Shahid/Shahzad ( Hemant Kumar Srivastava, J.)