Patna High Court
Sanyog KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is not maintainable where a prior application was rejected within a year, as per Supreme Court precedent.
Summary
The petitioner, Sanyog Kumar, applied for anticipatory bail in connection with a case registered under Sections 341, 342, 386, 364(A) and 34 of the Indian Penal Code. His earlier anticipatory bail plea had been rejected on 5 March 2025. He filed a second application within a year of that rejection. The Court, relying on the Supreme Court decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), held that a fresh anticipatory bail application is not maintainable in such circumstances. Consequently, the application was dismissed and the petitioner was ordered to surrender to the lower court within four weeks to seek regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether a second anticipatory bail application filed within one year of a prior rejection is maintainable under Indian law.
Legislation cited
- Indian Penal Code — s. 34, 341, 342, 364(A), 386
Subjects
- anticipatory bail
- criminal procedure
- Indian Penal Code
- bail jurisprudence
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14128 of 2026
Arising Out of PS. Case No.-136 Year-2024 Thana- HALSI District- Lakhisarai
======================================================
Sanyog Kumar S/o Daya Nand Sharma R/o Village - Masauri Chouk, P.S -
Jamui, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This is the 2nd Attempt on behalf of the petitioner
for anticipatory bail in connection with Halsi P.S. Case No. 136
of 2024 registered for the offence punishable under Sections
341, 342, 386, 364(A)/34 of the Indian Penal Code.
3. Earlier the prayer of the petitioner for anticipatory
bail was rejected vide Cr. Misc. No. 75872 of 2024 dated
05.03.2025.
4. The petitioner has preferred this application for
anticipatory bail within one year of earlier rejection.
5. In view of the judgment of the Hon’ble Supreme
Court in the case of G.R. Ananda Babu Vs. State of Tamil
Nadu & Anr reported in 2021 SCC OnLine SC 176, second
Patna High Court CR. MISC. No.14128 of 2026(2) dt.25-02-2026
2/2
anticipatory bail on behalf of the petitioner is not maintainable.
6. Accordingly, the anticipatory bail application is
hereby dismissed.
7. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Superintendent of Police,
Lakhisarai will take all steps for the arrest of the petitioner.
8. Let a copy of this order be communicated to the
Superintendent of Police, Lakhisarai through FAX/e-mail for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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