Md. Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69699 of 2025 Arising Out of PS. Case No.-215 Year-2010 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Mumtaz S/O Md. Salim R/O Village- Boariya, P.S- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradeep Kumar Sinha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sakra P.S. Case No. 215 of 2010, registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

3. At the outset, learned counsel appearing on behalf of State raised preliminary objection on the maintainability of bail petition and pointed out that petitioner is evading process of court that has been declared absconder. Thereafter, process of Section 82 /83 of the Cr.P.C. has been initiated against him to ensure his appearance in the Court and as such, petitioner is not entitled to the relief of anticipatory bail. Reliance is placed to the several decisions of the Supreme Court, rendered in the case of:

Patna High Court CR. MISC. No.69699 of 2025(2) dt.17-12-2025 2/2 (a) Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730, (b) State of MP v. Pradeep Sharma (2014) 2 SCC 17, and (c) Prem Shankar Prasad v. State of Bihar 2021 SCC OnLine SC 955).

4. Considering the aforesaid development and judgment of the Supreme Court, the application, filed for grant of anticipatory bail to petitioner, stands dismissed as not maintainable.

(Prabhat Kumar Singh, J) anay U T