Patna High Court
GAJALA KHATOON @ GAJALA PARVEENversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail application without fresh material is not maintainable.
Summary
The petitioner, Gajala Khatoon, filed a second anticipatory bail application after an earlier application was rejected on merit on 1 October 2024. The petition did not present any new facts or circumstances to warrant reconsideration. The court noted that, in light of the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC Online SC 176), a second anticipatory bail application without fresh material is not maintainable. Consequently, the court dismissed the petition. The order was delivered by Justice Prabhat Kumar Singh of the Patna High Court on 8 January 2026.
Issues considered
- Whether a second anticipatory bail application can be entertained in the absence of new facts or circumstances.
Subjects
- anticipatory bail
- criminal procedure
- re-application
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63269 of 2025
Arising Out of PS. Case No.-390 Year-2023 Thana- BISFI District- Madhubani
======================================================
GAJALA KHATOON @ GAJALA PARVEEN D/o- Md. Gulab Village-
Chachhua Uttarwi Tola Po- Ghat Bhatra Ps- Bisfi Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abu Nasar, Advocate
For the State : Mr. Pramod Kumr Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 08-01-2026 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 rejected on merit vide
order dated 01.10.2024 passed in Cr. Misc. No. 62358 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
OnLine SC 176, this second anticipatory bail on behalf of the
Patna High Court CR. MISC. No.63269 of 2025(5) dt.08-01-2026
2/2
petitioner is not maintainable.
4. This application is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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