Patna High Court

Saroj Kumar @ Sanoj KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

A second anticipatory bail petition cannot be maintained absent any change in circumstances.

Summary

Petitioners Saroj Kumar and Raj Kumar Sharma filed a second anticipatory bail petition after their earlier application was rejected on 19-09-2024. The petition sought bail despite no change in facts or new grounds. The court examined the applicability of the Supreme Court's decision in G.R. Ananda Babu v. State of Tamil Nadu (2021) which holds that a second anticipatory bail petition is not maintainable without a material change in circumstances. Since the present petition offered no such change, the court found it untenable. Consequently, the petition was dismissed.

Issues considered

Whether a second anticipatory bail petition can be entertained in the absence of any change in circumstances or new grounds?

Subjects

anticipatory bail
second petition
maintainability
Supreme Court precedent
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.116 of 2026
                     Arising Out of PS. Case No.-1229 Year-2023 Thana- GAYA MUFASIL District- Gaya
                  ======================================================
            1.     Saroj Kumar @ Sanoj Kumar S/o Raj Kumar Sharma Resident of village-
                   Etwarpur Sisaul, PS- Lalganj, Dist- Vaishali at Hajipur
            2.     Raj Kumar Sharma S/o Kripali Thakur Resident of village- Etwarpur Sisaul,
                   PS- Lalganj, Dist- Vaishali at Hajipur
                                                                             ... ... Petitioner/s
                                                       Versus
                  The State of Bihar
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Ms. Kumari Anupam, Advocate
                  For the Opposite Party/s :      Ms. Rina Sinha, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    10-02-2026                  Heard learned counsel for the petitioners and learned
                    A.P.P. for the State.
                                 2. This is second anticipatory bail petition. Earlier, the
                    petition, filed for grant of anticipatory bail on behalf of
                    petitioners, stood rejected, vide order dated 19.09.2024 passed
                    in Cr. Misc. No. 27556 of 2024.
                                 3. This application does not reveal any change of
                    circumstances or new ground.
                                 4. In view of the judgment of the Hon’ble Supreme
                    Court in the case of G.R. Ananda Babu Vs. State of Tamil
                    Nadu and Anrs reported in 2021 SCC OnLine SC 176, the
                    second anticipatory bail on behalf of the petitioners is not
                    maintainable. It is, accordingly, dismissed.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

Continue reading with your account

Checking your session…