Patna High Court

Vikash SharmaversusThe State of Bihar

Decided: 3 February 2026
Disposal: DISMISSED
Bench: CHANDRA SHEKHAR JHA

Holding

The anticipatory bail petition was dismissed as infructuous because the underlying criminal proceedings were stayed.

Summary

The petitioner, Vikash Sharma, filed an anticipatory bail petition in the High Court of Patna after a FIR was lodged against him. During arguments, the Court noted that the proceedings in the underlying criminal case (Cr. Misc. No. 88615 of 2024) had already been stayed by an order dated 19.02.2025. Since the stay removed any immediate risk of arrest, the Court held that there was no longer a basis for anticipatory bail. Consequently, the anticipatory bail petition was dismissed as infructuous, but the petitioner was allowed to file a fresh petition if the situation changes after the outcome of the stayed case. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

Whether anticipatory bail can be granted when the criminal proceedings against the petitioner have been stayed.

Subjects

anticipatory bail
stay of proceedings
infructuous petition
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.45269 of 2024
                          Arising Out of PS. Case No.-40 Year-2023 Thana- MAHILA P.S. District- Saran
                    ======================================================
                    Vikash Sharma Son of Mani Prasad Sharma Resident of Vill- Tehati Rasulpur,
                    P.S.- Amnaur, District- Saran at Chapra. At Present address- Sainikpuri,
                    Khaprail Market, Sharma Studio, P.S.- Matigara, District- Darjeeling (W.B.)-
                    734009
                                                                               ... ... Petitioner/s
                                                     Versus
               1.    The State of Bihar
               2.    Chanchal Kumari Wife of Vikash Sharma and D/O- Nirmal Thakur Resident
                     of Vill- Tehati Rasulpur, P.S.- Amnaur, District- Saran (Chapra), at Present
                     Resident of Mohalla- Ramkrishnapuri Near Gudari Bazar, P.S.- Bhagwan
                     Bazar, District- Saran at Chapra.
                                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr. Anil Kumar Tiwary, Adv
                    For the Opposite Party/s :        Mr. Abhay Kumar, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                          ORAL ORDER

5    03-02-2026                      During the course of argument, it appears that further

                      proceeding of this case arising out of present FIR was stayed qua

                      petitioner through order dated 19.02.2025 as passed in Cr. Misc.

                      No. 88615 of 2024.

                                   2. In view of aforesaid, prima-facie there is no

                      apprehension of arrest to the petitioner for the present.

                                   3. Accordingly, present anticipatory bail petition stands

                      dismissed being infructuous, however with liberty that petitioner

                      may renew his prayer of anticipatory bail subject to the outcome of

                      Cr. Misc. No. 88615 of 2024, if so advised.


                                                             (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T

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