Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The second bail application was dismissed as it was filed prematurely.
Summary
The petitioner, Amit Kumar, applied for bail which was rejected on 06.08.2025. He subsequently filed a second bail application after the lapse of three months, contrary to procedural expectations. The court noted that filing a bail application after such a delay is not appreciated and considered the timing premature. The petitioner’s senior counsel attempted to justify the delay, but the court was not persuaded. Consequently, the court dismissed the second bail application on the ground of premature filing.
Issues considered
- Whether a bail application filed after the expiry of three months from the previous rejection is maintainable
Subjects
- bail
- criminal procedure
- premature filing
- high court
- application dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5069 of 2026
Arising Out of PS. Case No.-434 Year-2024 Thana- JAMUI District- Jamui
======================================================
Amit Kumar Son of Prakash Paswan Resident of Village- Sarari, Ps- Jamui,
Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arbind Kumar, Adv
For the Opposite Party/s : Mr.Anand Kishore Choudhary, 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 06.08.2025 passed in Cr. Misc. No.
26273 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 T
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