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Patna High Court

Deepak Kumar @ Dipak KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The second bail application was dismissed as it was filed prematurely.

Summary

The petitioner, Deepak Kumar, applied for bail after his earlier bail application was rejected on 23 July 2025. He filed a second bail application more than three months after the first, which the court noted as a procedural lapse. The petitioner’s counsel attempted to justify the delay, but the court was not persuaded. The High Court held that the second bail application was filed prematurely and therefore could not be entertained. Consequently, the application was dismissed.

Issues considered

  • Whether a bail application filed after the expiry of three months from the previous application is maintainable

Subjects

  • bail
  • premature filing
  • criminal procedure
  • High Court
  • application dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4546 of 2026
                 Arising Out of PS. Case No.-656 Year-2024 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Deepak Kumar @ Dipak Kumar S/o Ramayan Mahto Resident of Village-
                 Mohchhi Bankatwa, Ward No. 2, P.S.- Nautan, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Adv
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, 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 23.07.2025 passed in Cr. Misc. No.

                   16708 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


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