Patna High Court

Suman KumarversusThe State of Bihar

Decided: 12 May 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

A second application for anticipatory bail is not maintainable.

Summary

The appellant, Suman Kumar, sought a second anticipatory bail in a criminal case (Jhajha PS Case No. 278 of 2023) involving offences under Sections 302 and 34 of the IPC, Section 27 of the Arms Act, and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act. The trial court had earlier denied bail, prompting the appellant to file a fresh anticipatory bail application. The High Court examined the applicability of the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), which held that a second application for anticipatory bail is not maintainable. Relying on that precedent, the Court concluded that the present application could not be entertained. Consequently, the application was dismissed, leaving the appellant without anticipatory bail.

Issues considered

Whether a second application for anticipatory bail is maintainable under Indian law

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)

Subjects

anticipatory bail
second application
maintainability
criminal procedure
murder
SC/ST Act
Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.105 of 2026
                         Arising Out of PS. Case No.-278 Year-2023 Thana- JHAJHA District- Jamui
                  ======================================================
                  Suman Kumar Son of Naresh Yadav Village -Domaya, Police Station -Jhajha,
                  District- Jamui
                                                                        ... ... Appellant/s
                                                Versus
            1.     The State of Bihar
            2.     Baso Hansda Wife of Late Ramjee Murmu Resident of Village - Tarkhan Jari
                   (Sugwa Udan), At P/A- Dariyo, Ps- Jhajha, dist- Jamui
                                                                         ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr.Pankaj Kumar Sinha
                  For the Respondent/s    :        Mr.Sadanand Paswan
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    12-05-2026                   Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                    of anticipatory bail in connection with Jhajha P.S. Case No. 278

                    of 2023 registered for the offence under Sections 302,34 of the

                    Indian Penal Code, under Section 27 of the Arms Act and under

                    Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

                                3. In light of the judgment of the Hon’ble Supreme

                    Court in the case of G.R. Ananda Babu Vs. State of Tamil

                    Nadu and Anr. reported in 2021 SCC OnLine SC 176, second

                    application for grant of anticipatory bail is not maintainable.

                                4. Accordingly, this application stands dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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