Patna High Court

Prem Vaibhav @ BittuversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

A second anticipatory bail application in the same case is not permissible and must be rejected.

Summary

The petitioner, Prem Vaibhav, filed a second anticipatory bail application before the Patna High Court after an earlier application (Cr. Misc. No. 51783 of 2025) had been withdrawn. The petitioner argued that the second application should be entertained. The State opposed the application. The Court examined the submissions and noted that the petitioner was seeking a second anticipatory bail for the same alleged offence. The Court held that a second anticipatory bail application in the same case is not permissible. Consequently, the Court rejected the second anticipatory bail application.

Issues considered

Whether a second anticipatory bail application for the same offence can be entertained after the first has been withdrawn?

Subjects

anticipatory bail
double application
bail jurisprudence
Criminal Procedure Code
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2616 of 2026
                      Arising Out of PS. Case No.-372 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Prem Vaibhav @ Bittu Son of Narendra Kumar Sinha Resident of Village-
                 Gobe Bigha, PS - Ben, Dist- Nalanda At Present Resident at MIG, Kanchiva
                 Sector-7, Block -03, Flat No. 29, PS - Agamkuan, Dist- Patna and also R/o of
                 Bahadurpur Housing Colony, Booth Nath Road, MIG, Sector 07, Block – 3,
                 Flat No. 39, Agamkuan Thana, Patna, Bihar
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashi Bhushan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  1. Heard learned counsel for the petitioner and
                   learned A.P.P. for the State.
                                2. Learned counsel appearing on behalf of the
                   petitioner submits that petitioner had earlier moved before this
                   Court seeking anticipatory bail by filing Cr. Misc. No. 51783 of
                   2025 and the same was permitted to be withdrawn after some
                   argument. It is further submitted that this is the second
                   anticipatory bail application of the petitioner.
                                3. After hearing the learned counsel for the parties,
                   the Court is not inclined to entertain the second anticipatory bail
                   application.
                                4. Hence, the second anticipatory bail application of
                   the petitioner is rejected.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

Continue reading with your account

Checking your session…