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Patna High Court

Lalpari DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

A second anticipatory bail petition is not maintainable and must be dismissed.

Summary

The petitioners, relatives of the late Virchandra Das, filed a second anticipatory bail application after their earlier applications were rejected. The court noted that the present petition did not demonstrate any change in circumstances or present any new grounds for relief. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the bench held that a second anticipatory bail petition is not maintainable. Consequently, the application was dismissed. The order reaffirmed the principle that anticipatory bail cannot be repeatedly sought without fresh material.

Issues considered

  • Is a second anticipatory bail petition maintainable when there is no change in circumstances?
  • Does the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu preclude the grant of a second anticipatory bail?

Subjects

  • anticipatory bail
  • second petition
  • maintainability
  • Supreme Court precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21046 of 2026
                     Arising Out of PS. Case No.-13 Year-2024 Thana- JURAWANPUR District- Vaishali
                 ======================================================
           1.     Lalpari Devi wife of Late Virchandra Das Resident of village- Pahadpur,
                  P.S.- Jurawanpur, District- Vaishali
           2.    Mithun Kumar son of Late Virchandra Das Resident of village- Pahadpur,
                 P.S.- Jurawanpur, District- Vaishali
           3.    Ashok Das @ Ashok Kumar Ram Son of Late Virchandra Das Resident of
                 village- Pahadpur, P.S.- Jurawanpur, District- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. This is second anticipatory bail petition. Earlier, the

                   petition, filed for grant of anticipatory bail on behalf of

                   petitioners, stood rejected, vide order dated 20.03.2025 passed

                   in Cr. Misc. No. 83968 of 2024 with regard to petitioner nos. 1

                   & 2 and vide order dated 31.07.2025 passed in Cr. Misc. No.

                   41576 of 2025 with regard to petitioner no. 3.

                                3. This application does not reveal any change of

                   circumstances or new ground.

                                4. In view of the recent judgment of the Hon’ble
              Patna High Court CR. MISC. No.21046 of 2026(2) dt.05-05-2026
                                                          2/2




                        Supreme Court in the case of G.R. Ananda Babu Vs. State of

                        Tamil Nadu and Anrs reported in 2021 SCC OnLine SC 176,

                        the second anticipatory bail on behalf of the petitioners is not

                        maintainable. It is, accordingly, dismissed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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