Patna High Court
Chathi DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The second anticipatory bail application is not maintainable and is therefore rejected.
Summary
The petitioners, Chathi Devi and Sangeeta Devi, feared arrest in a criminal case (Rivilganj P.S. Case No. 261 of 2025) involving offences under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They filed an anticipatory bail application, which was the second such application after an earlier one had been rejected on merit on 04‑02‑2026. The petitioners argued they had a clean antecedent and sought relief. The State opposed, contending that a second anticipatory bail petition is not maintainable after a prior rejection. The High Court examined the maintainability and the merits, and concluded that the second application could not be entertained, rejecting the bail plea. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether a second anticipatory bail application is maintainable after an earlier anticipatory bail application has been rejected on merit.
- Whether the petitioners are entitled to anticipatory bail despite the nature of the alleged offences and their claim of a clean antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- anticipatory bail
- bail
- criminal procedure
- repeat application
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 103
- Section 238
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30290 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
1. Chathi Devi W/o Rudal Yadav R/o Village - Khairwar, P.S. - Revilganj,
District - Saran.
2. Sangeeta Devi W/o Ramesh Yadav R/o Village - Khairwar, P.S. - Revilganj,
District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners are apprehending arrest in
connection with Rivilganj P.S. Case No. 261 of 2025 lodged on
11.08.2025, for the offence punishable under Sections 103(1),
238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in
the Court of Judicial Magistrate 1st Class, Saran, Chapra.
3. Learned counsel for the petitioners submit that the
anticipatory bail application of the petitioners was earlier
rejected vide order dated 04.02.2026 passed in Cr. Misc. No.
4979 of 2026. Counsel submits that this is the second
anticipatory bail application of the petitioners. Counsel further
Patna High Court CR. MISC. No.30290 of 2026(2) dt.01-05-2026
2/2
submits that the petitioners have clean antecedent.
4. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that first anticipatory bail
application of the petitioners was rejected on merit vide order
dated 04.02.2026 passed in Cr. Misc. No. 4979 of 2026. As
such, this anticipatory bail application is not maintainable.
5. As such, in the present facts and circumstances of
the case, this Court is not inclined to grant bail to the petitioners.
Accordingly, the prayer for anticipatory bail of the petitioners
stand rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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