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Patna High Court

Md. ChunnaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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