Patna High Court

Alok KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

A second anticipatory bail application without fresh facts is not maintainable.

Summary

The petitioner, Alok Kumar, filed a second anticipatory bail application before the Patna High Court after his earlier application was withdrawn. The court noted that the present application did not disclose any new facts or circumstances that would warrant reconsideration. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the bench held that a second anticipatory bail petition without fresh material is not maintainable. Consequently, the application was dismissed. The order underscores the principle that anticipatory bail cannot be repeatedly sought without substantive change in the factual matrix.

Issues considered

Whether a second anticipatory bail application can be entertained in the absence of new facts or circumstances.
Whether the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu governs the maintainability of such applications.

Subjects

anticipatory bail
criminal procedure
bail jurisprudence
Supreme Court precedent
second application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5611 of 2026
                        Arising Out of PS. Case No.-41 Year-2024 Thana- DINARA District- Rohtas
                 ======================================================
                 Alok Kumar Son of Pramod Singh Resident of Village- Kochas, P.S.- Kochas,
                 District- Rohtas


                                                                                   ... ... Petitioner/s

                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Anil Kumar Singh, Advocate
                 For the State           :        Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is second anticipatory bail application on

                   behalf of the petitioner. Earlier, the prayer for grant of

                   anticipatory bail to the petitioner was dismissed as withdrawn

                   vide order dated 07.08.2024 passed in Cr. Misc. No. 24429 of

                   2024.

                                3. This application does not reveal any new facts and

                   circumstances for reconsideration of prayer for grant of

                   anticipatory bail to the petitioner. In view of the recent judgment

                   of the Hon’ble Supreme Court in the case of G.R. Ananda

                   Babu Vs. State of Tamil Nadu and Anr. reported in 2021 SCC
            Patna High Court CR. MISC. No.5611 of 2026(2) dt.11-02-2026
                                                        2/2




                      OnLine SC 176, this second anticipatory bail on behalf of the

                      petitioner is not maintainable.

                                   4. This application is, accordingly, dismissed.



                                            (Prabhat Kumar Singh, J)

Shashank/
Abhishek-

U     T

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