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Patna High Court

Suresh Bhagat @ Suresh PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A second anticipatory bail petition is not maintainable in the absence of any change in circumstances.

Summary

The petitioners filed a second anticipatory bail application after their earlier petition was dismissed as withdrawn. The court noted that the new petition did not demonstrate any change in circumstances or present any fresh ground for relief. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu, the bench held that a second anticipatory bail petition is not maintainable where the earlier one was withdrawn and no new facts arise. Consequently, the application was dismissed. The order underscores that anticipatory bail under CrPC Section 438 cannot be repeatedly sought without substantive change.

Issues considered

  • Whether a second anticipatory bail petition can be entertained when the earlier petition was withdrawn and no change in circumstances is shown
  • Whether the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu governs the maintainability of a subsequent anticipatory bail application

Subjects

  • anticipatory bail
  • second petition
  • withdrawn petition
  • change of circumstances
  • CrPC Section 438
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2118 of 2026
                  Arising Out of PS. Case No.-79 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali
               ======================================================
           1 . Suresh Bhagat @ Suresh Paswan S/o Late Lalu Bhagat RO Village- Jethui,
                PS- Industrial Area, District- Vaishali
           2.    Sumitra Devi W/o Suresh Bhagat @ Suresh Paswan RO Village- Jethui, PS-
                 Industrial Area, District- Vaishali
           3.    Sarita Devi W/o Suresh Bhagat @ Suresh Paswan RO Village- Jethui, PS-
                 Industrial Area, District- Vaishali
           4.    Rita Devi D/o Suresh Bhagat @ Suresh Paswan, W/o Sajan Paswan RO
                 Village- Jethui, PS- Industrial Area, District- Vaishali
           5.    Geeta Devi @ Geeta Kumari D/o Suresh Bhagat @ Suresh Paswan, W/o
                 Raja Paswan RO Village- Jethui, PS- Industrial Area, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Himanshu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the parties.

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

                   petition, filed for grant of anticipatory bail on behalf of

                   petitioners, stood dismissed as withdrawn , vide order dated

                   02.04.2025 passed in Cr. Misc. No. 90026 of 2024 .

                                3 . This application does not reveal any change of

                   circumstances or new ground.

                                 4. In view of the recent judgment of the Hon’ble

                   Supreme Court in the case of G.R. Ananda Babu Vs. State of
            Patna High Court CR. MISC. No.2118 of 2026(2) dt.11-02-2026
                                                        2/2




                      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)
Koushik/-

U      T


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