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Patna High Court

Uday Kumar @ Aman KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A second anticipatory bail application on identical facts and without new material is not maintainable.

Summary

The petitioners, Uday Kumar and Anant Kumar, filed a second anticipatory bail application before the Patna High Court after their earlier application was rejected in 2021. The petitioners sought relief on the same facts and circumstances as the earlier case, without presenting any new material. The court noted that the application did not disclose any fresh facts warranting reconsideration. Relying on the Supreme Court's decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the court held that a second anticipatory bail petition on identical facts is not maintainable. Consequently, the application was dismissed.

Issues considered

  • What is the maintainability of a second anticipatory bail application filed on the same facts as a previously rejected application?

Subjects

  • anticipatory bail
  • maintainability
  • second application
  • Supreme Court precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12267 of 2026
                     Arising Out of PS. Case No.-128 Year-2012 Thana- BARHIYA District- Lakhisarai
                 ======================================================
           1.     Uday Kumar @ Aman Kumar S/O Late Bachchu Singh R/O Village- Khutha
                  Chetan Tola, P.S- Barahiya, Distt.- Lakhisarai.
           2.    Anant Kumar S/O Late Bachchu Singh R/O Village- Khutha Chetan Tola,
                 P.S- Barahiya, Distt.- Lakhisarai.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Mukesh Kumar, Advocate
                 For the State           :        Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. This is second anticipatory bail application on

                   behalf of the petitioners. Earlier, the prayer for grant of

                   anticipatory bail to the petitioners was rejected on merit vide

                   order dated 13.12.2021 passed in Cr. Misc. No. 18085 of 2021.

                                3. This application does not reveal any new facts and

                   circumstances for reconsideration of prayer for grant of

                   anticipatory bail to the petitioner. In view of the recent judgment

                   of the Hon’ble Supreme Court in the case of G.R. Ananda

                   Babu Vs. State of Tamil Nadu and Anr. reported in 2021 SCC

                   OnLine SC 176, this second anticipatory bail on behalf of the
             Patna High Court CR. MISC. No.12267 of 2026(2) dt.24-02-2026
                                                         2/2




                       petitioners is not maintainable.

                                    4. This application is, accordingly, dismissed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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