Patna High Court
Mukesh Tiwari @ Mukesh PandeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Successive bail applications cannot be entertained within a short period after an earlier rejection, and the application was dismissed.
Summary
Mukesh Tiwari was charged under Section 304 of the Bharatiya Nyaya Sanhita in Doriganj P.S. Case No. 208 of 2025. He applied for bail, which was rejected on 17 September 2025. Within six months, he filed a second bail application. The Patna High Court held that the second application was premature because successive bail applications cannot be entertained within a short period after a rejection. Consequently, the court dismissed the bail application and imposed a cost of Rs. 5,000 to be deposited with the Legal Services Authority.
Issues considered
- Whether a second bail application filed within a few months of an earlier rejection can be entertained
Legislation cited
- Bharatiya Nyaya Sanhita — s. 304
Subjects
- bail
- criminal procedure
- Section 304
- premature application
- cost order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12747 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- DORIGANJ District- Saran
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Mukesh Tiwari @ Mukesh Pandey Son of vijay Tiwary @ Vijay Pandey
Resident Of Village- Rasulpur Ps- Lalganj District -Vaishali At Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar, Advocate
For the State : Mr.Binod Kumar, APP
======================================================
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 Doriganj P.S. Case
No. 208 of 2025 registered for the offence under Section 304 of
the Bharatiya Nyaya Sanhita.
3. Earlier, the prayer for bail of the petitioner was
rejected vide order dated 17.09.2025 passed in Cr. Misc. No.
63334 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.12747 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)
P. Kumar
U T
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