Patna High Court

Deepak Singh @ Deepak Kumar SinghversusThe State of Bihar

Decided: 16 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Successive applications for anticipatory bail are not maintainable, and the petition for anticipatory bail is dismissed.

Summary

The petitioner, Deepak Singh, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise Act. This was his third application, the earlier two having been rejected in December 2021 and February 2022. The High Court noted the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu, which holds that successive applications for anticipatory bail are not maintainable. Accordingly, the court rejected the present anticipatory bail petition. The petitioner was directed to surrender before the lower court within two weeks and to seek regular bail, with a warning that failure to do so would result in coercive arrest. The court also ordered the Superintendent of Police to issue show‑cause notices to the concerned police officers and submit an action‑taken report within six weeks.

Issues considered

Whether successive applications for anticipatory bail are maintainable under Indian law
Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act

Subjects

anticipatory bail
successive applications
Bihar Prohibition & Excise Act
Section 30(a)
Supreme Court precedent
bail procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10972 of 2026
                       Arising Out of PS. Case No.-23 Year-2021 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Deepak Singh @ Deepak Kumar Singh S/O Devendra Singh R/O Vill.-
                 Mohakampur, P.S.- Koilwar, Dist.- Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar
                 For the Opposite Party/s :       Mr. Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   learned counsel for the State.

                                2. This is the 3rd Attempt on behalf of the petitioner

                   for anticipatory bail in connection with Koilwar P.S. Case No.

                   23 of 2021 registered for the offence punishable under Sections

                   30(a) of the Bihar Prohibition & Excise Act.

                                3. It is pertinent to note that the petitioner had

                   previously moved for anticipatory bail on two occasions. The

                   first was in Cr. Misc. No. 26381 of 2021 which was rejected on

                   03.12.2021 and the second in Cr. Misc. No. 5080 of 2022 which

                   was rejected on 09.02.2022.

                                4. This application for anticipatory bail has been filed

                   after a period of four years from the last rejection.
Patna High Court CR. MISC. No.10972 of 2026(2) dt.16-02-2026
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                       5. In light of the judgment of the Hon’ble Supreme

          Court in G.R. Ananda Babu Vs. State of Tamil Nadu & Anr.,

          reported in 2021 SCC OnLine SC 176, successive applications

          for anticipatory bail are not maintainable.

                       6. Accordingly, this application for anticipatory bail is

          hereby rejected.

                       7. The petitioner is directed to surrender in the court

          below within a period of two weeks from today and seek regular

          bail, failing which the Superintendent of Police, Bhojpur will

          take all coercive steps for the arrest of the petitioner.

                       8. The Superintendent of Police, Bhojpur will also

          issue show cause notices to the SHOs of Koilwar Police Station

          who were posted there since 03.12.2021 to explain as to why the

          petitioner was not arrested for the last five years when his

          anticipatory bails were rejected by this Court twice on

          03.12.2021 and 09.02.2022.

                       7. An action taken report must be submitted by the

          Superintendent of Police, Bhojpur to this Court within six weeks

          from today. Thereafter, upon receipt of the same, this case shall

          be listed under appropriate heading for perusal of the action

          taken report.

                       8. Let a copy of this order be communicated to the
            Patna High Court CR. MISC. No.10972 of 2026(2) dt.16-02-2026
                                                        3/3




                      Superintendent of Police, Bhojpur through FAX for its

                      compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T

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