Patna High Court
Shivshankar Kumar @ Shiv Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The petition for anticipatory bail is rejected as there are no compelling or changed circumstances.
Summary
Shivshankar Kumar sought anticipatory bail fearing arrest in a 2017 case under Sections 304B and 34 of the IPC. He had previously applied for anticipatory bail before the 2nd Additional Sessions Judge, Muzaffarpur (Application No. 1810/2018) and the Patna High Court (Cr. Misc. No. 5125/2019), both of which were rejected. A subsequent application before the Sessions Judge (ABP No. 3656/2025) was also dismissed. The petitioner filed a second petition before the Patna High Court (Cr. Misc. No. 14983/2026) requesting anticipatory bail. The Court observed that there were no new or compelling circumstances to justify granting bail on a second or third attempt and consequently rejected the petition.
Issues considered
- Whether anticipatory bail can be granted on a subsequent application when no material change in circumstances is shown.
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- anticipatory bail
- IPC Section 304B
- IPC Section 34
- High Court
- changed circumstances
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14983 of 2026
Arising Out of PS. Case No.-325 Year-2017 Thana- SAKRA District- Muzaffarpur
======================================================
Shivshankar Kumar @ Shiv Shankar Kumar S/o Satyanarayan Mahato R/o
Village - Majhaulia, P.S - Sakra, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Surendra Mohan
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 304B and
34 of the IPC in connection with Sakra P.S.Case No. 325 of
2017.
3. The petitioner had earlier moved for grant of
anticipatory bail before the learned 2 nd Additional Sessions
Muzaffarpur, vide Anticipatory Bail Application No. 1810/2018,
which was rejected. Thereafter, the petitioner had moved before
this Court for grant of anticipatory bail, vide Cr. Misc. No.
5125/2019 which was also rejected on 27.03.2019. Thereafter,
for the second time, the petitioner again moved the learned 2nd
Additional Sessions Judge, Muzaffarpur for grant of
Patna High Court CR. MISC. No.14983 of 2026(3) dt.29-04-2026
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anticipatory bail, vide A.B.P. No. 3656/2025, which has again
been dismissed on 08.12.2025.
4. The FIR was lodged as far back as in 2017. This is
the second attempt for grant of anticipatory bail before this
Court.
5. I do not find any compelling or changed
circumstance to consider the prayer for grant of anticipatory bail
of the petitioner for the second time and, therefore, his prayer
for grant of anticipatory bail is rejected.
(Alok Kumar Sinha, J)
HR/-
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