Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed as premature because successive bail applications cannot be entertained within a few months of an earlier rejection.
Summary
The petitioner, Nitish Kumar, filed a second bail application in the Gurua P.S. Case No. 232 of 2025 after his earlier bail plea was rejected on 17 September 2025. The new application was filed within six months of the prior rejection. The learned counsel for the State opposed the bail, arguing that successive applications should not be entertained so soon. The Court examined whether a bail application could be entertained shortly after a prior denial. It held that the application was premature as successive bail applications cannot be entertained within a few months of an earlier rejection. Consequently, the Court dismissed the bail application.
Issues considered
- Whether a bail application filed within six months of a prior rejected bail application can be entertained
- Whether successive bail applications are permissible in a short span of time
Subjects
- bail
- criminal procedure
- premature application
- successive applications
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13453 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- GURUA District- Gaya
======================================================
Nitish Kumar S/o Ramjanam Yadav Resident of Village- Fulaweariya, P.S.-
Deo, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Swarna Roy
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 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 Gurua P.S. Case
No. 232 of 2025.
3. Earlier, the prayer for bail of the petitioner was
rejected vide order dated 17.09.2025 in Cr. Misc. No. 63518 of
2025 and the present bail application has been preferred by the
petitioner within six months.
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.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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