IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38061 of 2008 SHANKAR KUMAR DAS Versus STATE OF BIHAR ----------- 3/ 16.01.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is accused of the case which has been registered under Section 3(a) R.P.(U.P.) Act. One co-accused who happens to be brother of the petitioner was apprehended and different materials belonging to Railway were seized from the alleged shop of the petitioner. Submission is that the shop which is not belonging to the petitioner, it belongs to the brother of the petitioner who was apprehended. It appears from para-13 of the petition filed here that the petitioner is being the owner of the shop from where seizure was made, considering this, I am not inclined to grant anticipatory bail to the petitioner. Accordingly his prayer for anticipatory bail is rejcted. However after surrendering his prayer for bail shall be disposed of considering the fact that the co-accused has been released on bail. The order may be communicated through Fax in connection with Case No. CII-5/2008 to the Railway Judicial Magistrate, Katihar at the cost of the petitioner. kksinha/ (Shyam Kishore Sharma, J.)