Patna High Court
Pradeep YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail application is not maintainable where the earlier application was dismissed and no new facts are presented.
Summary
The appellant, Pradeep Yadav, filed a second anticipatory bail application in a criminal case (PS Case No. 516 of 2024) after his earlier application was dismissed on merits on 15-04-2025. The High Court observed that the appeal presented no new facts or circumstances that would warrant reconsideration. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the Court held that a second anticipatory bail petition is not maintainable where the earlier one was denied. Consequently, the prayer for anticipatory bail was rejected and the appeal dismissed.
Issues considered
- What is the maintainability of a second anticipatory bail application after an earlier denial?
- Does the absence of new facts preclude reconsideration of anticipatory bail?
Subjects
- anticipatory bail
- maintainability
- second application
- criminal procedure
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.131 of 2026
Arising Out of PS. Case No.-516 Year-2024 Thana- PIRPAINTI District- Bhagalpur
======================================================
Pradeep Yadav S/O Late Raghu Yadav Resident of Village- Govindpur,
Mohanpur, P.S.- Pirpainty, District- Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Most Kushma Devi W/O Late Arjun Mandal Resident of Village-
Govindpur, Mohanpur, P.S.- Pirpainty, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Swapnil Kumar Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-03-2026 Heard learned senior counsel for the appellant and
learned Spl.P.P. for the State.
2. This is the second anticipatory bail application on
behalf of the appellant. Earlier, the prayer for grant of
anticipatory bail to the appellant was dismissed on merits vide
order dated 15.04.2025 passed in Cr. Appeal (SJ) No. 1084 of
2025.
3. This appeal does not reveal any new facts and
circumstances for reconsideration of prayer for grant of
anticipatory bail to the appellant.
4. In view of the aforesaid facts and circumstances of
the case and recent judgment of the Hon’ble Supreme Court in
Patna High Court CR. APP (SJ) No.131 of 2026(2) dt.12-03-2026
2/2
the case of G.R. Ananda Babu Vs. State of Tamil Nadu and
Anr. reported in 2021 SCC OnLine SC 176, this second
anticipatory bail application on behalf of appellant is not
maintainable.
5. Accordingly, the prayer for grant of
anticipatory bail to the appellant is rejected and this appeal is
dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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