Patna High Court
PREM KUMAR BHARDWAJ @ PREM KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court rejected the anticipatory bail, holding that the newly filed complaint does not provide a valid additional ground for relief.
Summary
Prem Kumar Bhardwaj applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a dowry‑death case (IPC 304B/34). His earlier anticipatory bail was denied because a trial under Sections 82 and 83 of the CrPC had already commenced, and his Special Leave Petition was later withdrawn. He subsequently filed a fresh complaint alleging that his friends, Prashant Mishra and Nanu Shree, were the real culprits and sought a second anticipatory bail on this new ground. The State argued that the earlier denial and withdrawn SLP barred any further bail application. The High Court held that the new complaint, filed after the SLP withdrawal, did not constitute a valid additional ground for bail and therefore rejected the second anticipatory bail application.
Issues considered
- Whether a second anticipatory bail application can be entertained after an earlier denial and withdrawal of a Special Leave Petition.
- Whether a complaint filed after the withdrawal of an SLP, alleging new facts, can constitute a fresh ground for granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Criminal Procedure Code — s. 82, 83
- Indian Penal Code — s. 304B, 34
Subjects
- anticipatory bail
- Section 482 BNSS 2023
- dowry death
- CrPC Sections 82 and 83
- Special Leave Petition
- new ground for bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32614 of 2026
Arising Out of PS. Case No.-87 Year-2024 Thana- KANKARBAG District- Patna
======================================================
Prem Kumar Bhardwaj @ Prem Kumar S/O Ganesh Singh R/O Vill.-
Damodarpur, P.S. and Dist.- Lakhisarai, Bihar. Also At Postal park, Janta Path
Gali Resident of village- Ravnish Sinha House Ps- kankarbagh, Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abadh Kishore Singh, Advocate
Mr. Kamlesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-05-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Kankarbagh P.S. Case No. 87 of 2024,
lodged on 05.02.2024, under Section 304B/34 of the Indian
Penal Code.
3. Learned Counsel for the petitioner submits that it is
the second anticipatory bail application filed by the petitioner.
His earlier bail application was rejected vide order dated
22.03.2025 passed in Cr. Misc. No. 67875/2024 considering
Patna High Court CR. MISC. No.32614 of 2026(2) dt.08-05-2026
2/4
that process under Sections 82 and 83 Cr.P.C. was started
against the petitioner. His bail application was rejected by this
Court with observation given in para 8, which states as follows :
“ Considering the fact that the
process under Sections 82 and 83 of the
Cr.P.C. has been started against the
petitioner, this court is not inclined to grant
bail to the petitioner. Accordingly, the prayer
for bail of the petitioner in connection with
Kankarbagh P.S. Case No. 87 of 2024,
pending before the learned C.J.M., Patna is
hereby rejected.”
4. Learned counsel for petitioner submits that against
the order dated 22.03.2025 passed in Cr. Misc. No. 67875/2024,
the petitioner has preferred Special Leave Petition (Criminal)
Diary No. 37713/2025. The said SLP was dismissed as
withdrawn vide order dated 19.12.2025 with observation as
under:
“Having argued for some time,
learned counsel for the petitioner seeks to
withdraw this special leave petition.
Permission granted.
The special leave petition is,
accordingly, dismissed as withdrawn.”
5. Thereafter the petitioner has moved before this
Hon’ble Court again submitting that some of the grounds the
Patna High Court CR. MISC. No.32614 of 2026(2) dt.08-05-2026
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petitioner could not place before the Court. He submits that
petitioner filed a complaint case on 30.12.2025 before a Judicial
Officer with a new story against one Prashant Mishra and his
sister Nanu Shree, who are said to be the friend of the petitioner
and played an adverse role due to which criminal case bearing
Kankarbagh P.S. Case No. 87/2024 has been instituted against
him. Learned counsel for petitioner submits that it is a new
ground on the basis of which his second anticipatory bail
application should be entertained.
6. Learned Counsel for State, on the other hand,
submits that the rejection order of the earlier anticipatory bail
passed by this Court vide order dated 22.03.2025 in Cr. Misc.
No. 67875/2024 has been challenged in the SLP and the said
SLP was also dismissed as withdrawn, then there is no scope for
the petitioner to file the second anticipatory bail application and
his anticipatory bail application should be dismissed.
7. Upon perusal of the record, this Court found the so-
called additional ground and was surprised to note that the
petitioner’s anticipatory bail application in Cr. Misc. No.
67875/2024 had already been rejected on 23.03.2025. Against
the said order, an SLP was filed before the Hon’ble Supreme
Court of India, which was dismissed as withdrawn on
Patna High Court CR. MISC. No.32614 of 2026(2) dt.08-05-2026
4/4
19.12.2025. Thereafter, on 30.12.2025, the petitioner filed a
complaint introducing an entirely new story alleging that his
friend, Prashant Mishra, and his sister, Nanu Shree, were the
real culprits, on account of which Kankarbagh P.S. Case No.
87/2024 had been instituted against the petitioner.
8. It appears to this Court that such a complaint case
based on a completely new story, developed after the rejection
of the SLP before the Hon’ble Supreme Court on 19.12.2025,
cannot be treated as an additional or subsequent ground.
Accordingly, the present anticipatory bail application is hereby
rejected.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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