Patna High Court

Manish Kumar @ Manish Kumar SahversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The Court held that a second anticipatory bail application cannot be entertained after the withdrawal of the earlier petition and therefore rejected the bail.

Summary

Manish Kumar filed an anticipatory bail application (Criminal Miscellaneous No.69235 of 2025) after his earlier anticipatory bail petition (Criminal Miscellaneous No.3155 of 2025) had been withdrawn on 08.05.2025. The petitioner sought relief in connection with PS Bidupur Case No.560 of 2024 pending before the CJM, Vaishali. The learned counsel argued that the petitioner was entitled to a fresh bail application. The Court examined whether a second anticipatory bail petition could be entertained after the withdrawal of the first. Finding no merit in the petition and noting the prior withdrawal, the Court declined to entertain the second application and rejected the bail request. Consequently, the anticipatory bail was denied.

Issues considered

Can a second anticipatory bail application be entertained after the petitioner has withdrawn an earlier anticipatory bail petition?

Subjects

anticipatory bail
withdrawal of petition
criminal procedure
repeat bail application
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.69235 of 2025
                                                In
                                CRIMINAL MISCELLANEOUS No.3155 of 2025
                         Arising Out of PS. Case No.-560 Year-2024 Thana- BIDUPUR District- Vaishali
                   ======================================================
                   Manish Kumar @ Manish Kumar Sah S/O Munna Sah R/O Village-
                   Nawanagar, P.S- Bidupur, Distt.- Vaishali.
                                                                     ... ... Petitioner/s
                                                      Versus
                   The State of Bihar
                                                              ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr. Nafisu Zzoha, Advocate
                   For the Opposite Party/s :        Mr. Rajendra Prasad Nat, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2     10-02-2026                  Heard learned counsel for the petitioner and learned
                     APP for the State.
                                  2. Learned counsel for the petitioner submits that
                     petitioner had earlier moved before this Court for grant of
                     anticipatory bail vide Criminal Miscellaneous No.3155 of 2025
                     and the same came to be dismissed as withdrawn on 08.05.2025.
                                  3. After hearing learned counsel for the petitioner, the
                     Court is not inclined to entertain the second anticipatory bail
                     application.
                                  4. Accordingly, the prayer for grant of anticipatory
                     bail to the petitioner is hereby rejected in connection with
                     Bidupur P.S. Case No.560 of 2024, pending in the court of
                     learned C.J.M., Vaishali at Hajipur.


                                                (Satyavrat Verma, J)

Sanjay/-

U          T

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