Patna High Court
Gajadhar MahtoversusThe 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, Gajadhar Mahto, was charged under Sections 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, in Sessions Trial No. 371 of 2025. He filed a second bail application after an earlier bail plea was rejected on 8 October 2025. The petition was filed within six months of the earlier rejection. The Patna High Court held that the second bail application was premature, as successive bail applications cannot be entertained within a short span after a rejection. Consequently, the court dismissed the bail application.
Issues considered
- Whether a second bail application filed within six months of a prior rejection can be entertained
- Whether successive bail applications are permissible in a short time frame
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- premature application
- successive bail applications
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14201 of 2026
Arising Out of PS. Case No.-9 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Gajadhar Mahto S/O Durga Mahto R/O Village- Khardih, P.S.- Sikandara,
District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mrs. Anita Kumari
======================================================
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 Sessions Trial No.
371 of 2025, arising out of Sikandra P.S. Case No. 09 of 2025
registered for the offence under Sections 103(1), 61(2) and 3(5)
of the B.N.S., 2023.
3. Earlier, the prayer for bail of the petitioner was
rejected vide order dated 08.10.2025 in Cr. Misc. No. 34265 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.
Patna High Court CR. MISC. No.14201 of 2026(2) dt.25-02-2026
2/2
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…