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Patna High Court

Md. Sams Kamar @ Md. Shoms KamarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                       2/2




                     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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