Patna High Court
Santosh Kumar singh @ Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
The Court rejected the second anticipatory bail application and dismissed the appeal.
Summary
Santosh Kumar Singh, the appellant, had earlier applied for anticipatory bail in Criminal Appeal (SJ) No. 79 of 2023, which was allowed to be withdrawn by the Patna High Court on 12 April 2023. Two years later, he filed a second anticipatory bail application. The Special Public Prosecutor for the State opposed the second application, arguing that it should not be entertained. The appellant's counsel could not rebut this submission. The Court, considering the State's argument, declined to entertain the second anticipatory bail application and rejected the appeal.
Issues considered
- Whether a second anticipatory bail application can be entertained after a prior application was withdrawn
Subjects
- anticipatory bail
- criminal procedure
- withdrawal of bail application
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4825 of 2025
Arising Out of PS. Case No.-287 Year-2021 Thana- KALYANPUR District- East Champaran
======================================================
Santosh Kumar singh @ Santosh Singh son of Bashisht Singh Resident Of
Village- Dhuruvpakari Ps -Kalyanpur District- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Faiz Ahmad son of Md. Mazrul Haq Resident Of Village- Bahlopur, Ps-
Dhaka, Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rahul Singh
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the appellant and the
learned Special PP for the State, Mr. Sadanand Paswan.
2. The learned Special PP for the State, at the outset,
submits that appellant had earlier moved this Court seeking
anticipatory bail by filing Criminal Appeal (SJ) No. 79 of 2023
and the same was permitted to be withdrawn by an order dated
12.04.2023 passed by a learned Co-ordinate Bench. It is next
submitted that two years thereafter the instant second
anticipatory bail application has been filed.
3. Learned counsel appearing on behalf of the
appellant is not in a position to rebut the submission of the
learned Special PP for the State.
Patna High Court CR. APP (SJ) No.4825 of 2025(3) dt.06-05-2026
2/2
4. Considering the submission made by the learned
Special PP for the State, the Court is not inclined to entertain the
second anticipatory bail application of the appellant.
5. Accordingly, the instant appeal stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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