Patna High Court
Bhikhari ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Successive bail applications filed within a few months of a prior rejection are premature and cannot be entertained.
Summary
The petitioner, Bhikhari Thakur, applied for bail in a criminal case (Jalley PS Case No.201 of 2024) involving offences under sections 331(4) and 305 of the B.N.S., 2023. An earlier bail application had been rejected on 10 September 2025, and the present application was filed within six months of that rejection. The Patna High Court held that the new bail application was premature, as successive bail applications cannot be entertained within a short period after a prior rejection. Consequently, the court dismissed the bail application and imposed a cost of Rs. 5,000 to be paid to the Legal Services Authority. The order was delivered by Justice Sandeep Kumar.
Issues considered
- Whether a bail application filed within a short period after a prior rejection can be entertained by the court
Legislation cited
- B.N.S., 2023 — s. 305, 331(4)
Subjects
- bail
- premature application
- criminal procedure
- repeat bail applications
- cost order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12242 of 2026
Arising Out of PS. Case No.-201 Year-2024 Thana- JALE District- Darbhanga
======================================================
Bhikhari Thakur S/O Late Niras Thakur R/O Village - Satyamacha, P.S-
Dumra, District - Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Murari Narain Chaudhary
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
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 Jalley P.S. Case
No.201 of 2024 registered for the offence under sections 331(4)
and 305 of the B.N.S., 2023.
3. Earlier, the prayer for bail of the petitioner
was rejected vide order dated 10.09.2025 passed in Cr. Misc.
No.42358 of 2025 and the present bail application has been
preferred by the petitioner within six months of its earlier
rejection.
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.12242 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 by the
petitioner in the Patna High Court Legal Services Authority
within two weeks from today.
(Sandeep Kumar, J)
pawan/-
U T
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