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Patna High Court

Abhishek Anand @ ShanuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The second bail application was dismissed as premature, as successive bail applications within a short period are not permissible.

Summary

The petitioner, Abhishek Anand, was charged under Sections 25(1‑B)a and 26 of the Arms Act in Harnaut P.S. Case No. 298 of 2025. He filed a bail application which was rejected on 09‑09‑2025. Within six months, he filed a second bail application, seeking relief again. The Patna High Court observed that successive bail applications cannot be entertained within a short span after a prior rejection and held the application premature. Consequently, the court dismissed the second bail application and imposed a cost of Rs. 5,000 to be deposited with the Legal Services Authority.

Issues considered

  • Whether a second bail application filed within six months of a rejected bail application can be entertained by the court

Legislation cited

Subjects

  • bail
  • Arms Act
  • premature application
  • successive bail applications
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10441 of 2026
                      Arising Out of PS. Case No.-298 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Abhishek Anand @ Shanu S/o Late Ashok Kumar Nirala R/o Village - Poari,
                 P.S - Harnaut, District - Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Pankaj Kumar Sinha, Advocate
                 For the State           :        Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Harnaut P.S. Case

                   No. 298 of 2025 registered for the offence under Sections 25(1-

                   B)a and 26 of the Arms Act.

                                 3. Earlier, the prayer for bail of the petitioner was

                   rejected vide order dated 09.09.2025 in Cr. Misc. No. 61094 of

                   2025 and the present bail application has been preferred by the

                   petitioner within six months.

                                 4. In the opinion of this Court, this application is

                   premature as successive bail applications cannot be entertained

                   by this Court within few months of earlier rejection.

                                 5. Accordingly, this application is dismissed with a
           Patna High Court CR. MISC. No.10441 of 2026(2) dt.16-02-2026
                                                       2/2




                     cost of Rs. 5,000/- which shall be deposited in the Patna High

                     Court, Legal Services Authority within two weeks from today.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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