Patna High Court

Sikinder MaliversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISMISSED
Bench: SONI SHRIVASTAVA

Holding

The court dismissed the anticipatory bail application, holding that no fresh ground exists to overturn the earlier bail denial.

Summary

The petitioner, Sikinder Mali, filed an anticipatory bail application fearing arrest in a criminal case (PS Case No. 313 of 2024) involving offences under Sections 147, 149, 341, 327, 324, 325, 387, 379, 504 and 354(b) of the Indian Penal Code. He had previously applied for regular bail, which was denied on 22 October 2024 in Criminal Miscellaneous No. 70823 of 2024. The petitioner argued that he required fresh anticipatory bail, but the court found no new material or change in circumstances to merit a fresh consideration. Consequently, the court held that the earlier denial stands and there is no basis to grant anticipatory bail. The application for anticipatory bail was therefore dismissed.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the earlier denial of regular bail.

Legislation cited

Indian Penal Code — s. 147, 149, 324, 325, 327, 341, 354(b), 379, 387, 504

Subjects

anticipatory bail
Indian Penal Code
criminal procedure
bail denial
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90104 of 2025
                   Arising Out of PS. Case No.-313 Year-2024 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                  ======================================================
                  Sikinder Mali S/O Yogendra Mali Resident of village - Mission Chowk,P.S-
                  Motihari Muffasil, Dist- East Champaran
                                                                            ... ... Petitioner/s
                                                    Versus
                  The State of Bihar                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Abhishek Kumar
                  For the Opposite Party/s :      Mr. Murli Dhar
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    15-01-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. The petitioner is apprehending his arrest in a case

                    registered for the offence punishable under Sections 147, 149,

                    341, 327, 324, 325, 387, 379, 504, 354(B) of the Indian Penal

                    Code.

                                 3. Earlier prayer for bail of the petitioner was rejected

                    vide order dated 22.10.2024 passed in Cr. Misc. No. 70823 of

                    2024. There is no fresh ground to consider the second

                    anticipatory bail application.

                                 4. Accordingly, the prayer for anticipatory bail

                    application is again rejected in connection with Muffasil P.S.

                    Case No. 313 of 2024.


                                               (Soni Shrivastava, J)
devendra/-
U      T

Continue reading with your account

Checking your session…