Patna High Court

Dipak Yadav @ Deepak Yadav @ Deepak KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

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

Summary

The petitioner, Dipak Yadav, filed a second bail application in the Patna High Court after the expiry of three months from the earlier rejection dated 30.04.2025. The court noted that filing a bail application after such a lapse is not permissible and criticized the advocate's practice of filing prematurely. The petitioner’s senior counsel attempted to justify the delayed filing, but the court was not persuaded. The bench 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 statutory period of three months from the previous rejection is maintainable
Whether the court can entertain a bail application filed prematurely

Subjects

bail
criminal procedure
premature filing
High Court
bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52092 of 2025
                      Arising Out of PS. Case No.-521 Year-2024 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Dipak Yadav @ Deepak Yadav @ Deepak Kumar S/O Parasnath Yadav
                 Resident of Village- Baleshra Tola Jahrulehata, P.S- Uchkagaon, District-
                 Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. P.N Shahi Sr. Adv
                                                  Mr. Sumit Kumar, Adv
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                     Heard learned senior counsel Mr. P.N. Shahi for the

                   petitioner and learned APP for the State.

                                 2. Earlier the bail application of the petitioner was

                   rejected vide order dated 30.04.2025 passed in Cr. Misc. No.

                   24370 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
Patna High Court CR. MISC. No.52092 of 2025(4) dt.10-02-2026
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