Patna High Court

Kamlesh Yadav @ Kamlesh KumarversusThe State of Bihar

Decided: 2 July 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

A successive bail application filed within six months of a prior rejection, absent any material change, must be dismissed.

Summary

The petitioner, Kamlesh Yadav, sought regular bail for charges under Sections 25(1‑B)a, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. His earlier bail application had been rejected on 24‑12‑2025. He filed a second bail application on 27‑04‑2026, i.e., within six months of the rejection, without any material change in circumstances. The Court observed that filing successive bail applications within six months without substantive change is not permissible. Consequently, the Court dismissed the second bail application.

Issues considered

Whether a second bail application filed within six months of a prior rejection, without any change in circumstances, can be entertained.

Legislation cited

Arms Act — s. 25(1‑B)a, 26, 35
Bihar Prohibition and Excise Act — s. 30(a)

Subjects

bail
criminal procedure
Arms Act
successive bail application
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29931 of 2026
                    Arising Out of PS. Case No.-339 Year-2025 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Kamlesh Yadav @ Kamlesh Kumar S/O Late Chandrika Rai R/O Village-
                 Kodarkat, P.S- Chhauradano, District.- East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajesh Kumar
                 For the Opposite Party/s :     Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   02-07-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Chhauradano P.S. Case No.

                   339 of 2025 registered for the offence under Sections 25(1-B)a,

                   26, 35 of the Arms Act and under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. Earlier the bail application of the petitioner was

                   rejected vide order dated 24.12.2025 passed in Cr. Misc. No.

                   88784 of 2025 and subsequently, this bail application has been

                   filed on 27.04.2026 which is within six months of earlier

                   rejection order and this kind of practice of filing the successive

                   bail application within six months of earlier rejection order

                   without any substantial change in circumstances, is not
          Patna High Court CR. MISC. No.29931 of 2026(3) dt.02-07-2026
                                                      2/2




                    appreciated by this Court.

                                 4. Accordingly, this application stands dismissed.



                                                                (Sandeep Kumar, J)
Vikas/-

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