Patna High Court
Kashi Rai @ Kashi Prasad RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court rejected the second anticipatory bail application, holding that no fresh ground existed to revisit the earlier dismissal.
Summary
The petitioner, Kashi Rai, filed a second anticipatory bail application fearing arrest in a case registered under Sections 302 and 120(B) of the Indian Penal Code for allegedly instigating a murder. His earlier anticipatory bail plea was dismissed on merit on 27 November 2024 after the court considered all relevant factors. He argued that a co‑accused had subsequently been granted anticipatory bail by another bench, constituting a change in circumstances. The court held that this development did not constitute a fresh ground to revisit the earlier decision, as the matter had already been fully examined. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether a second anticipatory bail application can be entertained after an earlier application was dismissed on merit
- Whether the grant of anticipatory bail to a co‑accused creates a fresh ground for reconsideration of the petitioner's bail application
Legislation cited
- Indian Penal Code — s. 120(B), 302
Subjects
- anticipatory bail
- Section 302 IPC
- Section 120B IPC
- bail jurisprudence
- murder
- conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12505 of 2026
Arising Out of PS. Case No.-85 Year-2023 Thana- AWTARNAGAR District- Saran
======================================================
Kashi Rai @ Kashi Prasad Rai Son of Dharmendra Rai Resident of Village
-Jhaua Tola PS -Awatar Nagar Dist -Saran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 25-02-2026 1. Heard the parties.
2. This is second anticipatory bail application filed by the
petitioner who apprehends his arrest in connection with Awatar
Nagar P.S. 85 of 2023 dt: 29.03.2023 registered for the offence
under Section 302 / 120(B) of the I.P.C.
3. Earlier, the prayer for anticipatory bail was dismissed on
merit vide order dated 27.11.2024 passed in Cr. Misc. No.
77995 of 2024.
4. The petitioner is an order giver and it is alleged that he
instigated other co-accused to kill the informant’s husband.
5. Learned counsel for the petitioner submits that
circumstances has changed to the extent that the co-accused has
been granted privilege of anticipatory bail by a Co-ordinate
Bench of this Court.
Patna High Court CR. MISC. No.12505 of 2026(3) dt.25-02-2026
2/2
6. Be that as it may, this Court does not consider it as a
fresh ground for considering second anticipatory bail
application filed by the petitioner inasmuch this Court at the
time of hearing of first anticipatory bail application took all the
relevant factors into consideration and thereafter rejected the
prayer for bail on merit. Accordingly, the petition stands
rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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