IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35148 of 2008 RAKESH KUMAR Vrs. THE STATE OF BIHAR **** /2/ 10.09.2008 Heard the counsel for the petitioner and the State. 2. Petitioner is the owner of the crane which was found loading railway properties unlawfully on a truck trailer. Counsel for the petitioner submits that petitioner was not at the spot. He was not found in possession of the railway properties, as such, Section 3 of the Railway Property (Unlawful Possession) Act is not applicable. 3. Considering the consent of the petitioner, which is evident from the statement of the Driver, I do not feel inclined to grant anticipatory bail to the petitioner. 4. Prayer for grant of anticipatory bail on behalf of the petitioner, Rakesh Kumar, in connectin with R.P.F. Post Jehanabad P.S. Case No. 1 of 2008, is rejected. 5. However, in case the petitioner moves for regular bail, it should be considered in accordance with law considering the fact that other accused persons have been granted bail. S.A. ( Mridula Mishra, J. )