IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30431 of 2008 PINTU YADAV Versus THE STATE OF BIHAR ----------- 2/ 16/10/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 302, 364/34 of I.P.C. and 3/5 of S.C./S.T. (Prevention of Atrocities) Act. It is submitted that the petitioner is not named in the F.I.R. The allegations of assault are against two named accused accompanied by 10 to 15 unknown. Co- accused implicated during investigation like the petitioner have been given the benefit of interim orders of stay of their arrest by this Court in Cr.Misc.No.20793/07 and 19336/07. From the impugned order of rejection it transpires that the warrants for their arrest have been sought on the basis of materials during investigation. Learned counsel for the petitioner is unable to apprise this Court of the nature of the materials surfaced against the petitioner during investigation. This Court finds itself in respectful disagreement with the orders of stay of arrest of the co-accused. The Supreme Court has specifically held that under Section- - 2 - 438 Cr.P.C. this Court cannot pass orders for staying the arrest, but only that provisional or anticipatory bail can be granted while this Court is not inclined to grant. The application is rejected. KC ( Navin Sinha,J )