Abas Miyan @ Md. Abas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3582 of 2023 Arising Out of PS. Case No.-110 Year-2015 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

ABAS MIYAN @ MD. ABAS Son of Late Md. Hasmuddin R/o Village - Gad Siswaniya, P.S.- Palanwa, District - East Champaran. 2.

Kalam Mian @ Abdul Kalam Son of Late Abdul Quadir R/o Village - Gad Siswaniya, P.S.- Palanwa, District - East Champaran. 3.

Rahmanudin @ Rahmudin Miyan Son of Late Amin Miyan R/o Village - Bharwaliya, P.S.- Palanwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 306 of the Indian Penal Code pending in the learned court below. Allegation against the petitioners is that they are the abettor for suicide.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are not named in the FIR. He submits that except suicide note of Santosh Kumar

Patna High Court CR. MISC. No.3582 of 2023(2) dt.06-04-2023 2/2 (Deceased) there is no cogent material has been collected against the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the petitioners have been declared absconder and process under Section 82 of Cr.P.C. has already been issued against the petitioners. Hence, they do not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail in connection with Nagar P.S. Case No. 110/2015. Accordingly, their prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T