Patna High Court
ResmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court rejected the second anticipatory bail application, holding that no sufficient ground existed to entertain it.
Summary
The petitioners, Resma, Asmira and Fida Hussain, feared arrest in a case involving offences under several sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act. They had earlier filed an anticipatory bail application (Criminal Miscellaneous No. 3442 of 2026) which they later sought to withdraw. Subsequently, they filed a second anticipatory bail application, arguing that the withdrawal of the first was due to pressure from the petitioners. The State opposed the second application, contending that filing another anticipatory bail after withdrawing the first is not justified and sets a wrong precedent. The Court, after considering the submissions, held that there was no sufficient ground to entertain the second application and consequently rejected it.
Issues considered
- Whether a second anticipatory bail application can be entertained after the withdrawal of an earlier anticipatory bail application.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 132, 262, 303(2), 3(5)
Subjects
- anticipatory bail
- withdrawal of bail application
- criminal procedure
- Bihar law
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11271 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
======================================================
1. Resma Wife of Fida Hussain Resident of Village- Bhagwanpur, Ward no. 4,
PS- Jokiat District -Araria
2. Asmira Wife of Nabi Hussain @ Nabi Hasan Resident of Village-
Bhagwanpur, Ward no. 4, PS- Jokiat District -Araria
3. Fida Hussain son of Nabi Hussain @ Nabi Hasan Resident of Village-
Bhagwanpur, Ward no. 4, PS- Jokiat District -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 132, 262, 303(2) and 3(5) of the BNS, 2023 read with
Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners had earlier moved this Court seeking anticipatory
bail by filing Criminal Miscellaneous No. 3442 of 2026 and the
learned counsel appearing on behalf of the petitioners after
arguing vehemently sought permission to withdraw the
Patna High Court CR. MISC. No.11271 of 2026(2) dt.15-04-2026
2/2
anticipatory bail application and permission was accorded.
4. The learned counsel for the petitioners next submits
that on account of pressure of the petitioners, the second
anticipatory bail application has been filed, on which the learned
APP submits that it absolutely does not stand to reason that
whether the same is a ground for preferring second anticipatory
bail when earlier anticipatory bail application was sought to be
withdrawn. The learned APP also submits that it sets a wrong
trend that lawyers under pressure of the client, without
appreciating the law, file applications.
5. Considering the submissions made by the learned
APP for the State, the Court is not inclined to entertain the
second anticipatory bail application.
6. Accordingly, the instant second anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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