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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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