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

Patna High Court Cr.Misc. No.40136 of 2015 (2) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40136 of 2015 Arising Out of PS.Case No. -132 Year- 2012 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Md. Izhar Miyan @ Md. Izhar @ Izhar Son of Late Sheikh Safiruddin Resident of village - Mahadeoganj, P.S. Muffasil Sahibganj, District - Sahibganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : None For the Opposite Party/s : Mr. J.K. Roy No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-09-2015 No one appears for the petitioner. Counsel for the State is present.

Having regard to the nature of allegation for offence under Sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act and the fact that the petitioner was named accused in a police case filed way back in the year 2012 and has remained absconding for a period over three years, this Court would not be inclined to grant privilege of anticipatory bail to the petitioner.

That being so, while the prayer for anticipatory bail of the petitioner, namely, Md. Izhar Miyan @ Md. Izhar @ Izhar is

Patna High Court Cr.Misc. No.40136 of 2015 (2) dt.30-09-2015 rejected, nothing said in this order shall come in the way of the petitioner in surrendering and making prayer for regular bail which ofcourse shall be decided on its own merits without being prejudice by any thing said in this order.

(Mihir Kumar Jha, J) Rishi/- U T