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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

A second anticipatory bail application is not maintainable where there is no material change in circumstances.

Summary

The petitioner, Rakesh Kumar, sought anticipatory bail in a case filed under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, relating to alleged excise offences. He argued that circumstances had changed since his earlier six cases where bail was granted, making a second anticipatory bail application appropriate. The State opposed the bail, contending no change in circumstances. The High Court examined whether a second anticipatory bail could be entertained without a material change in facts and concluded that there was none. Consequently, the Court rejected the anticipatory bail application and ordered the petitioner to surrender within six weeks, directing the trial court to consider any surrender‑cum‑bail application on its merits.

Issues considered

  • What is the test for granting a second anticipatory bail when earlier bail has been granted in other cases?
  • Whether there has been a material change in circumstances justifying a fresh anticipatory bail?

Subjects

  • anticipatory bail
  • change of circumstances
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24665 of 2026
                    Arising Out of PS. Case No.-118 Year-2024 Thana- TETERHAT District- Lakhisarai
                 ======================================================
                 Rakesh Kumar Son of Sanjay Singh R/o Village - Manjor, P.S. - Warisligng,
                 Dist. Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Ankita Kumari, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Tetarhat P.S. Case No. 118 of 2024, lodged on 15.07.2024

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022, pending before the Court of District and

                   Additional       Sessions      Judge-VII,        Special      Excise      Court,

                   Lakhisarai.

                                3. Learned counsel for the petitioner submits that this

                   is the second anticipatory bail application of the petitioner.

                   Counsel further submits that the circumstances have now

                   changed, and in all the earlier six cases pending against the

                   petitioner, bail has been granted
          Patna High Court CR. MISC. No.24665 of 2026(2) dt.10-04-2026
                                                      2/2




                                 4. Learned APP for the State opposes the prayer for

                    bail.

                                 5. In the present facts and circumstances of the case

                    and the submissions made above, this Court is of the view that

                    there is no change in circumstances, and the second anticipatory

                    bail application is not maintainable. As such, this Court is not

                    inclined to grant bail to the petitioner. Accordingly, the bail

                    application of the petitioner is hereby rejected.

                                 6. It is directed to the petitioner to surrender before

                    the Trial Court within a period of 6 weeks from today. In case,

                    the petitioner surrenders within six weeks, then the Trial Court

                    is directed to pass order on his surrender-cum-bail application

                    on the same day without being prejudice that the anticipatory

                    bail of the petitioner has been rejected by this Court and the

                    Trial Court shall pass order on the merit of this case.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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