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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Successive bail applications cannot be entertained within a few months of an earlier rejection unless there is a material change in circumstances.

Summary

The petitioner, Sunil Kumar, sought bail for offences under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, following a prior bail denial. The earlier bail application was rejected on 26-11-2025, and a second application was filed within six months without any change in circumstances. The High Court examined whether successive bail applications can be entertained shortly after a rejection. The Court held that such applications are premature unless there is a material change in the situation. Consequently, the bail application was dismissed as premature.

Issues considered

  • Whether a successive bail application can be entertained within a few months of an earlier rejection absent any change in circumstances

Legislation cited

Subjects

  • bail
  • premature application
  • criminal procedure
  • repeat bail application
  • change in circumstances

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.28533 of 2026
                       Arising Out of PS. Case No.-263 Year-2024 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Sunil Kumar S/o Shri Bhagwan Singh @ Bhagavan Singh Resident of vill-
                 Bhaluni, P.S- Narayanpur, Distt.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar, Advocate
                                                  Mr.Amish Kumar No I, Advocate
                 For the State            :       Mr.Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Sandesh P.S. Case

                   No. 263 of 2024 registered for the offence under Sections 109,

                   3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms

                   Act.

                                  3. Earlier, the prayer for bail of the petitioner was

                   rejected vide order dated 26.11.2025 passed in Cr. Misc. No.

                   26322 of 2025 and the present bail application has been

                   preferred by the petitioner within six months of its earlier

                   rejection.

                                  4. In the opinion of this Court, this application is
           Patna High Court CR. MISC. No.28533 of 2026(2) dt.07-05-2026
                                                       2/2




                     premature as successive bail applications cannot be entertained

                     by this Court within few months of earlier rejection without any

                     change in circumstances.

                                  Accordingly, the present application is hereby

                     dismissed as premature.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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