Dismissed¶11

Sheikh Sakir @ Sakir Hussain v. The State of Bihar

Patna HC18 Dec 2025CR. MISC./40541/2025

Case brief

AI extract

What is this about?

Anticipatory bail rejected; Patna High Court; Cr. Misc. No.40541 of 2025; Justice Rajiv Roy; decided 18-12-2025; petitioner Sheikh Sakir @ Sakir Hussain; Shikarpur P.S. FIR No. 71 of 2018; Sections 302, 201/34 IPC murder case; CDR link via stolen mobile with deceased; petitioner evaded arrest, resided in Nepal; proclamation under Section 82 Cr.P.C.; Sessions Court West Champaran rejected AB application no. 1102 of 2025 on 29.05.2025; Co-ordinate Bench order 03.09.2025; petitioner appeared 12.09.2025; alibi of missing mobile unsupported by documents; no case of anticipatory bail made out; surrender and seek regular bail before Sessions Court.

What did the court decide?

No case of anticipatory bail is made out; it is high time the petitioner takes the route of bail by surrendering and seeking bail before the Sessions Court. ¶10

Sheikh Sakir @ Sakir Hussain Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶11

Issue for consideration

Whether the petitioner, apprehending arrest in Shikarpur P.S. FIR No. 71 of 2018 (sections 302, 201/34 IPC), is entitled to anticipatory bail.

¶7

Court's answer

No case of anticipatory bail is made out; it is high time the petitioner takes the route of bail by surrendering and seeking bail before the Sessions Court.

¶10

Ratio / Principle

Despite the opportunity given by the Co-ordinate Bench, the petitioner failed to provide information to prove his innocence, and his statement that the mobile used was missing is not supported by any document.

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Key takeaways

The petitioner's role in the murder case remains under investigation and he is one of the prime suspects/accused; the FIR is of 2018 and his role cropped up a year later, with the matter now in 2025.ratio¶10

Detailed headnote1 paragraphs

Anticipatory bail refused — Criminal Miscellaneous No.40541 of 2025 (Rajiv Roy, J, 18-12-2025): Sheikh Sakir @ Sakir Hussain sought pre-arrest bail in Shikarpur P.S. FIR No. 71 of 2018 (Ss. 302, 201/34 IPC), a murder case in which his role surfaced in September 2018 when CDR scrutiny showed his conversations with the deceased from a stolen mobile. He ignored the Police call of 05.10.2019, was recorded as residing in Nepal, and a proclamation under Section 82 Cr.P.C. followed; the Sessions Court, West Champaran had already rejected his anticipatory bail application no. 1102 of 2025 on 29.05.2025. After a Co-ordinate Bench order dated 03.09.2025 secured his appearance on 12.09.2025, his alibi — that he was at home and the mobile used was missing — was unsupported by any document and the missing mobile had not been reported to the Police. Holding that his role remained under investigation and that he was one of the prime suspects/accused, the Court found no case of anticipatory bail made out, observed that it was high time he took the route of bail by surrendering before the Sessions Court, and the anticipatory bail application stood rejected.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40541 of 2025

¶2

Arising Out of PS. Case No.-71 Year-2018 Thana- SIKARPUR District- West Champaran

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======================================================

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Sheikh Sakir @ Sakir Hussain Son of Late Mohammad Hussain @ Mahmood Husaain Resident of Village- Katgharwa Bhasurari,Ward No. 13, P.S.Shikarpur, Distt.- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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6 18-12-2025

¶13

Heard Ms. Harsha Shashwat, learned counsel for the petitioner and Mr. Shashank Chandra for the informant beside Mr. Nirmal Kumar Sinha representing the State.

¶14

The petitioner apprehends his arrest in connection with Shikarpur P.S. FIR No. 71 of 2018 for the offence registered under sections 302, 201/34 of the Indian Penal Code.

¶15

As per the prosecution story which has been lodged in the year 2018 under Sections 302, 201/34 of the IPC, the informant alleged that his son was working in the State of Kerala. On 02.03.2018, in the night, when the informant along with his sister, daughter and son went to the bed, in the morning, saw his son not present. The search took place whereafter, he found huge quantity of wheat plants crushed and cleaned. Sattar Miyan and his son, Sonullah Miyan were standing and informed that as the pigs delivered piglet,

¶16

Patna High Court CR. MISC. No.40541 of 2025(6) dt.18-12-2025 2/4

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the area became dirty which has been cleaned. However, having found the drops of blood, the informant became suspicious and upon removal of the recently filled earth, found the dead body of his son. The sweeper who was instrumental in the delivery of the pigs informed that delivery of piglet took place not at that particular place but at a different place. Believing the role of Sattar Miyan and Sonullah Miyan, the FIR.

¶18

The investigation took place in the matter and the Police on 26.09.2018 went through the CDR details when it came to light that this petitioner had conversation with the deceased from a stolen mobile as incorporated in paragraph 41 read with paragraph 45. Thus, from the record, from September 2018 onwards, the petitioner became a suspect. Later, the petitioner was asked to cooperate in the investigation on 05.10.2019 (paragraph 126). The petitioner chose not to appear before the Police.

¶19

On 11.12.2019, the Police recorded in paragraph 138 of the case diary that after the petitioner’s role has cropped up in the present murder case, he has made his residence in the neighboring country, Nepal and rarely visits his house. The Police continued to take steps for his arrest to record his statement and having failed to do so, finally, the proclamation under Section 82 of the Code of Criminal Procedure was issued to the Court as recorded in paragraph 321 of the case diary.

¶20

It was only in the year 2025 that the petitioner chose to

¶21

Patna High Court CR. MISC. No.40541 of 2025(6) dt.18-12-2025 3/4

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explore his legal remedy which took him to the learned Sessions Court of West Champaran whereon 29.05.2025, the Court recording the grave and serious nature of the allegation that has come against him, the anticipatory bail application no. 1102 of 2025 was rejected.

¶23

This followed the present anticipatory bail application before this Court. Pursuant to the Co-ordinate Bench order dated 03.09.2025 directing the petitioner to appear before the Police to record his statement, he appeared on 12.09.2025 and the alibi was that the petitioner was at his home, the mobile which was used was missing. Upon query, whether the missing of the mobile was reported to the Police, the answer was in negative.

¶24

Learned counsel for the petitioner submits that admittedly, the main role has been attributed to Sattar Miyan and his son, Sonullah Miyan, on suspicion, the petitioner role is being investigated, he is/was always ready to co-operate in the investigation. However, as the Police may arrest him, the present petition.

¶25

Learned APP opposes the prayer submitting that from the year 2019, his name has cropped up but the petitioner evaded arrest leading to proclamation under Section 82 of the Cr.P.C.

¶26

From the aforesaid development that took place pursuant to the Co-ordinate Bench order dated 03.09.2025, the role of the petitioner in the present murder case of an innocent is still under investigation; he is one of the prime suspect/accused in the

¶27

Patna High Court CR. MISC. No.40541 of 2025(6) dt.18-12-2025 4/4

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case, the statement made by him regarding the missing of the mobile is not supported by any document. Further, despite the opportunity given by the Co-ordinate Bench, he failed to avail the same by providing all the information to prove his innocence. The FIR is of the year 2018, the role of the petitioner cropped up a year later, we are in the year 2025, it is high time that he takes the route of bail by surrendering and seeking before the Sessions Court. No case of anticipatory bail is made out.

¶29

In that background, the anticipatory bail application

stands rejected.

(Rajiv Roy, J)

Vijay Singh/-

U T

Sheikh Sakir @ Sakir Hussain v. The State of Bihar

Case brief

What is this about?

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Sheikh Sakir @ Sakir Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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