Bantha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50790 of 2023 Arising Out of PS. Case No.-35 Year-2019 Thana- MOKAMAH District- Patna ====================================================== BANTHA YADAV SON OF SUNIL YADAV RESIDENT OF VILLAGEGOSAIGAON, PS- GHOSHWARI, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 379, 414, 413 of the Indian Penal Code .

3. Allegation against this petitioner is that he along with other co-accused persons tried to steal the buffaloes of the informant by loading it on pick-up van.

4. It is submitted that the name of the petitioner transpired on the confessional statement of other co-accused persons who was apprehended on the spot. The alleged pick-up van does not belong to the petitioner. No incriminating article has been recovered from the possession of the petitioner.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.50790 of 2023(2) dt.17-08-2023 2/2 for bail and submits that petitioner is the habitual offender. He has got three criminal antecedent of which one is of similar nature .

6. Considering the criminal antecedent of the petitioner and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Kaushik/- U T