Patna High Court
Md. ChunnaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the second bail application is premature and cannot be entertained.
Summary
The petitioner, Md. Chunna, was charged under multiple sections of the Indian Penal Code for serious offences. He applied for bail for the first time, which was rejected on 17-10-2025. Within six months, he filed a second bail application. The Patna High Court held that the second application was premature, as successive bail applications cannot be entertained within a short period after a rejection. Consequently, the application was dismissed with a cost order of Rs. 5,000. The court also directed the Superintendent of Police to ensure the informant's presence at trial.
Issues considered
- Whether a second bail application filed within six months of an earlier rejection can be entertained by the court
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 325, 341, 504, 506
Subjects
- bail
- premature application
- successive bail applications
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11700 of 2026
Arising Out of PS. Case No.-92 Year-2022 Thana- PURAINI District- Madhepura
======================================================
Md. Chunna S/o- Late Md. Sahim Naddaf @ Sahim @ Sahin @ Md. Sahin
Resident of Village- Diwan Tola, Chanda, Naya Tola Ward No. 18, P.S.-
Puraini, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh Alias Brajesh Singh
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
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 S.T. No.
336/2022, arising out of Puraini P.S. Case No. 92 of 2022
registered for the offence under Sections 147, 148, 149, 341,
323, 324, 325, 307, 302, 504 and 506 of the Indian Penal Code.
3. Earlier, the prayer for bail of the petitioner was
rejected vide order dated 17.10.2025 in Cr. Misc. No. 38260 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
Patna High Court CR. MISC. No.11700 of 2026(2) dt.23-02-2026
2/2
by this Court within few months of earlier rejection.
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.
6. The Superintendent of Police, Madhepura is
directed to ensure the presence of the informant in the trial.
7. Let a copy of this order be communicated to the
Superintendent of Police, Madhepura through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Ranjeet/-
U T
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