Patna High Court
Satish Kumar @ Chhatish Kumar @ Satiesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Successive bail applications cannot be entertained by the Court within a few months of an earlier rejection.
Summary
Satish Kumar, a resident of Mangal Gadh in Samastipur, was charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, in Hasanpur P.S. Case No. 59 of 2025. He filed a second bail application (Criminal Miscellaneous No.14084 of 2026) after his earlier bail plea was rejected on 17 September 2025. The petitioner argued that the new application was within six months of the prior rejection. The Court examined whether successive bail applications can be entertained within a short span after a prior denial. It held that such applications are premature and cannot be entertained. Consequently, the bail application was dismissed as premature.
Issues considered
- Whether a bail application filed within six months of a previously rejected bail application is maintainable.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- premature application
- criminal procedure
- Section 309
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14084 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Satish Kumar @ Chhatish Kumar @ Satiesh Kumar Son of Ram Guni Yadav
Resident of Village - Mangal Gadh, P.S. - Hasanpur, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Hasanpur P.S. Case No. 59 of 2025
registered for the offense under Section 309(4) of the Bharatiya
Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioner was
rejected on 17.09.2025 in Cr. Misc. No. 63523 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 a few months of earlier rejection.
Patna High Court CR. MISC. No.14084 of 2026(2) dt.25-02-2026
2/2
5. Accordingly, the present application is hereby
dismissed as premature.
(Sandeep Kumar, J)
Shishir/-
U T
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