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Patna High Court

ResmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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