Patna High Court

Md. ShamimversusThe State of Bihar

Decided: 17 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The quashing application was not maintainable and was dismissed.

Summary

The petitioner, Md. Shamim, feared arrest in a vigilance case (PS Case No. 3 of 2013) involving offences under the Indian Penal Code and the Prevention of Corruption Act. He filed a quashing application to challenge the proceedings, but a stay of the lower court proceedings had already been granted. The court held that because the stay was in place, the quashing application was not maintainable. Consequently, the application was dismissed. The court, however, allowed the petitioner to file a fresh anticipatory bail application if required.

Issues considered

Whether a quashing application is maintainable when a stay of the lower court proceedings has already been granted
Whether the petitioner may file a fresh anticipatory bail application after dismissal of the quashing petition

Legislation cited

Indian Penal Code — s. 120B, 34, 409, 420, 467, 468, 471, 477-A
Prevention of Corruption Act, 1988 — s. 13(2), 13(I)(d)

Subjects

anticipatory bail
quashing petition
stay of proceedings
vigilance case
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34966 of 2025
                        Arising Out of PS. Case No.-3 Year-2013 Thana- VIGILANCE District- Patna
                 ======================================================
                 Md. Shamim S/o Late Abdul Halim R.O- Mohalla- Sadar Gali, P.S.- Khaje
                 Kalan, Patna City, District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    The Superintendent of Police, Vigilance Bureau, Patna, Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rashid Izhar
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta
                 For the Vigilance        :       Mr. Arvind Kumar, Law Officer, Vigilance.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   17-02-2026                    Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Vigilance P.S. Case No. 3 of 2013 registered for the offence

                   under Sections 409, 420, 467, 468, 471, 477-A, 120B, 34 of the

                   Indian Penal Code and under Section 13(I)(d) read with Section

                   13(2) of the Prevention of Corruption Act.

                                3. Learned counsel for the petitioner submits that in

                   the quashing application, which has been preferred by the

                   petitioner, stay of the proceedings of the concerned Court below

                   has been granted.

                                4. In view of the above, this application is held to be

                   not maintainable.

                                5. Accordingly, this application is dismissed with
          Patna High Court CR. MISC. No.34966 of 2025(8) dt.17-02-2026
                                                      2/2




                    liberty to the petitioner to file a fresh anticipatory bail

                    application, if the need arises.



                                                                (Sandeep Kumar, J)
Vikas/-

U

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