Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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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