Pinka Yadav @ Pinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54069 of 2018 Arising Out of PS. Case No.-301 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Pinka Yadav @ Pinku Yadav, son of Musahru Yadav, resident of VillageBabutola, Police Station- Nathnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Syed Masleh-Uddin Ashraf For the Opposite Party/s :

Sri Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2018 Heard Sri S.M. Ashraf, learned counsel for the petitioner and Sri Raj Ballabh Singh, learned Additional Public Prosecutor.

The sole petitioner, who is having criminal antecedent, which fact has been mentioned in paragraph - 3 of the present petition, apprehending his arrest in connection with Nathnagar P.S. Case No. 301 of 2018, registered for the offence under Section 341/ 323/ 307/ 353/ 427/ 504/ 506/34 of the Indian Penal Code, 1860 and Section 45 of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that it was not a case of assault to the Police Party, but it was a case of resistance by the petitioner.

Patna High Court Cr.Misc. No.54069 of 2018(3) dt.19-09-2018 2/2 Be that as it may, considering the fact that petitioner is having criminal antecedent , in such cases, there is no reason to entertain the prayer for grant of anticipatory bail. Section 438 of the Code of Criminal Procedure, 1973 is not meant for such accused person.

The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T