S.B. Cr. Bail Application No. 4743/2007 (Diwan Singh Vs. State of Rajasthan) Date of order : 25.09.2007 HON'BLE MR.H.R.PANWAR,J. Mr. J.S.Khichi for the petitioner. Mr. Ashok Upadhyay, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and FIR. In the FIR, name of the petitioner has been mentioned as the person who committed the offence of theft along with other persons by house breaking in night. In such matters, custodial interrogation is necessary. In the circumstances, therefore, in my view, it is not a fit case to release the petitioner on anticipatory bail. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp