Patna High Court
Baban KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was dismissed as premature because successive bail applications cannot be entertained within a short period after a prior rejection.
Summary
The petitioner, Baban Kumar, was charged under Sections 379 and 411 of the Indian Penal Code and Section 27 of the Arms Act in a case registered at Ghoshi Police Station, Jehanabad. He applied for bail, which was rejected on 09-10-2025. Within six months, he filed a second bail application before the Patna High Court. The Court examined whether successive bail applications can be entertained within a short interval after a prior rejection. It held that the application was premature and therefore could not be considered. Consequently, the bail application was dismissed with a cost order of Rs. 5,000.
Issues considered
- Whether a successive bail application can be entertained by the Court within a few months of an earlier rejection
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 379, 411
Subjects
- bail
- criminal procedure
- premature application
- successive bail applications
- IPC
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11636 of 2026
Arising Out of PS. Case No.-319 Year-2024 Thana- GHOSI District- Jehanabad
======================================================
Baban Kumar Son of Upendra Prasad Resident of Village- Arhit, P.S.- Ghoshi
(Okari P.S.), Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramji Kumar
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 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 Ghoshi (Okari)
P.S. Case No. 319/2024, registered for the offence under
Sections 379, 411 of the Indian Penal Code and section 27 of
Arms Act.
3. Earlier, the prayer for bail of the petitioner was
rejected vide order dated 09.10.2025 in Cr. Misc. No. 70144 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.
Patna High Court CR. MISC. No.11636 of 2026(2) dt.23-02-2026
2/2
5. Accordingly, this application is dismissed with a
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)
Ranjeet/-
U T
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