Patna High Court
Shiv Kumar @ Shiv Kumar PrashadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed as it was filed prematurely.
Summary
Shiv Kumar petitioned for bail after an earlier bail application was rejected on 08-09-2025. He filed a second bail application more than three months later, which the court noted as premature and not in accordance with procedural expectations. The petitioner’s counsel attempted to justify the delay, but the court was not persuaded. The High Court held that filing a bail application after the prescribed period without sufficient cause is not permissible. Consequently, the second bail application was dismissed.
Issues considered
- Whether a bail application filed after the expiry of three months from the previous application is maintainable
Subjects
- bail
- criminal procedure
- premature filing
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4543 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
Shiv Kumar @ Shiv Kumar Prashad Son of Late Ram Chandra Prasad R/o
Village - Netna, P.S. - Kadirganj, Distt. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nidhi Anand, Adv
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Earlier the bail application of the petitioner was
rejected vide order dated 08.09.2025 passed in Cr. Misc. No.
60512 of 2025.
3. The second bail application has been filed after
expiry of three months. This kind of practice by the advocate on
record is not appreciated. Though learned senior counsel for
the petitioner has tried to defend the action of the advocate on
record, this court is not inclined to entertain this application.
4. This application is dismissed because of filing it
prematurely.
(Sandeep Kumar, J)
N.K/-
U
Patna High Court CR. MISC. No.4543 of 2026(2) dt.12-02-2026
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