Patna High Court
Md. Sams Kamar @ Md. Shoms KamarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
A second anticipatory bail petition is not maintainable and must be dismissed.
Summary
The petitioner, Md. Sams Kamar, sought anticipatory bail fearing arrest in a theft case (Section 379 IPC) arising from FIR dated 14‑06‑2023. He had earlier filed an anticipatory bail application (Cr. Misc. No.81579 of 2023) which was rejected on 24‑01‑2024. No appeal against that rejection was filed before the Supreme Court, nor did the petitioner surrender to the trial court. He subsequently filed a second anticipatory bail petition (Cr. Misc. No.69328 of 2025). The Court held that a second anticipatory bail petition is not maintainable when the earlier application has already been dismissed and no intervening circumstance exists. Consequently, the petition was dismissed.
Issues considered
- Whether a second anticipatory bail petition is maintainable after the earlier anticipatory bail application has been rejected and no appeal or surrender has occurred.
Legislation cited
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- maintainability
- Section 379 IPC
- Criminal Procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69328 of 2025
Arising Out of PS. Case No.-539 Year-2023 Thana- FORBESGANJ District- Araria
======================================================
Md. Sams Kamar @ Md. Shoms Kamar Md. Kamruddin R/o Village -
Barsoni, P.S. - Dagaruwa, Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr.Advocate
: Mr.Bipin Kumar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
For the Informant : Mr. Rohit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 13-02-2026 Heard Mr. N.K. Agrawal, learned senior counsel
appearing for the petitioner, Mr. Rohit Kumar, learned counsel
for the informant and Mr.Suresh Prasad Singh, learned APP for
the State.
2. The petitioner is apprehending his arrest in
connection with Forbisganj (Simraha) P.S. Case No. 539 of
2023, FIR dated 14.06.2023, registered for the offences
punishable under Section 379 of the Indian Penal Code.
3. It appears that from the record that the petitioner
has earlier moved for grant of anticipatory bail in Cr. Misc.
No.81579 of 2023 which was rejected vide order dated
24.01.2024.
4. It appears that the petitioner has neither challenged
Patna High Court CR. MISC. No.69328 of 2025(4) dt.13-02-2026
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the aforesaid order before the Hon’ble Apex Court nor he has
surrendered before the learned court below and he has again
filed the present petition for grant of anticipatory bail.
5. In view of the aforesaid, second anticipatory bail is
not maintainable.
6. It is, accordingly, dismissed.
(Rajesh Kumar Verma, J)
Ankit Kumar/-
U T
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