Patna High Court
Lalpari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
Checking your session…