Created by Fuzzy Cloud

Patna High Court

Rambali RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the second anticipatory bail application, holding that the earlier dismissal and direction to surrender preclude a fresh anticipatory bail order.

Summary

The petitioners, who are the mother‑in‑law, father‑in‑law and brothers‑in‑law of a deceased woman, filed a second application for anticipatory bail in a case involving offences under Sections 80 read with 3(5) of the BNS, 2023. Their earlier anticipatory bail application had been dismissed by a coordinate bench, which directed them to surrender before the lower court and seek regular bail, noting that the husband of the deceased had been granted default bail under Section 167(2) of the Cr.P.C. Instead of complying, the petitioners again approached the High Court for anticipatory bail. The State argued that the petitioners had ignored the earlier direction and were improperly seeking anticipatory bail a second time. The Court observed that the first application had been rejected with a clear directive to surrender and that no new circumstances justified a fresh anticipatory bail order. Consequently, the Court rejected the second anticipatory bail application.

Issues considered

  • Whether a second anticipatory bail application can be entertained after the first has been dismissed with a direction to surrender and seek regular bail
  • Whether the benefit of default bail granted to the husband can be extended to the petitioners

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • Criminal Procedure Code
  • Section 80
  • Section 167(2)
  • repeat bail application
  • default bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12721 of 2026
                       Arising Out of PS. Case No.-676 Year-2024 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Rambali Rai S/o Late Nagendra Rai RO Village- Hasanpur Osti, PS- Mahua,
                  District- Vaishali
           2.    Paro Devi W/o Rambali Rai RO Village- Hasanpur Osti, PS- Mahua,
                 District- Vaishali
           3.    Vipin Kumar S/o Rambali Rai RO Village- Hasanpur Osti, PS- Mahua,
                 District- Vaishali
           4.     Bharat Kumar S/o Rambali Rai RO Village- Hasanpur Osti, PS- Mahua,
                  District- Vaishali
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Chandra Gandhi
                 For the Opposite Party/s :       Mr. Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
2   25-03-2026                1. Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                              2. This is the second attempt, for grant of anticipatory

                   bail, arising out of Desari Police Station Case No. 676 of 2024,

                   disclosing offences under Sections 80 read with Section 3(5) of

                   the BNS, 2023.

                               3. The petitioners have renewed their prayer for

                   anticipatory bail which was disposed off by a Co-ordinate

                   Bench of this Court with direction to surrender before the court

                   below and make a prayer for regular bail but the petitioners,

                   instead of surrendering, have filed the anticipatory bail for the

                   second time.

                                4. It has been submitted by learned counsel for the

                   petitioners that the husband of the deceased was granted default
Patna High Court CR. MISC. No.12721 of 2026(2) dt.25-03-2026
                                            2/3




          bail under Section 167(2) of the Cr.P.C. and the Co-ordinate

          Bench of this Court directed the petitioners to surrender and

          seek regular bail with the observation that there was no reason

          why the same benefit should not be given to the petitioners

          which was given to the husband. Since the husband was given

          the benefit of default bail, there may not be the same occasion

          that the petitioners would get default bail after surrender.

          Petitioners are mother-in-law, father-in-law and brothers-in-law

          of the deceased. Some of the accused persons who are Nand and

          Nandosi have been granted anticipatory bail subsequently.

                       5. Learned Counsel for the State submits that at the

          first instance, the bail application of the petitioners has been

          dismissed with direction to surrender and seek regular bail, but

          the petitioners, instead of seeking regular bail, have approached

          this Court again for the anticipatory bail.

                       6. Considering the submissions of the parties and the

          fact that the anticipatory bail of the petitioners was rejected at

          the first instance with a direction to surrender and seek regular

          bail and no subsequent development has taken place after

          rejection of first bail, accordingly, I am not inclined to consider

          the application for anticipatory bail on behalf of the petitioners

          filed for the second time.
          Patna High Court CR. MISC. No.12721 of 2026(2) dt.25-03-2026
                                                      3/3




                                    7. This application is, accordingly, rejected.


                                             (Anil Kumar Sinha, J)
HarshPandey/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.