Created by Fuzzy Cloud

Patna High Court

Shivshankar Kumar @ Shiv Shankar KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       2/2




                     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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.