Patna High Court
Santosh Singh @ Santosh Kumar @ Santoshi Kumar @ Santoshi SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
A second anticipatory bail application filed after the withdrawal of an earlier petition is not permissible and must be rejected.
Summary
The petitioners, Santosh Singh and co‑accused, filed a second anticipatory bail application before the Patna High Court after their earlier application (Criminal Miscellaneous No. 64249 of 2024) had been permitted to be withdrawn. The State, through its Additional Public Prosecutor, argued that a second anticipatory bail petition should not be entertained. The Court examined whether the petitioners were entitled to a fresh bail order despite the prior withdrawal. Relying on the principle that repeated anticipatory bail applications are not permissible where the earlier petition was withdrawn, the Court declined to entertain the fresh application. Consequently, the petition for anticipatory bail was rejected, leaving the petitioners subject to the pending criminal proceedings.
Issues considered
- Whether a second anticipatory bail application can be entertained after the earlier anticipatory bail petition has been withdrawn
Subjects
- anticipatory bail
- criminal procedure
- withdrawn petition
- high court
- repeated bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71543 of 2025
Arising Out of PS. Case No.-701 Year-2023 Thana- FATUA District- Patna
======================================================
1. Santosh Singh @ Santosh Kumar @ Santoshi Kumar @ Santoshi Singh S/O
Late Inderdev Singh @ Inder Devi Singh Resident of Village- Surangapur
Bankipur Machhairawa, P.S.- Fatuha, District- Patna.
2. Nagendra Prasad @ Nagendra Yadav S/O Late Inderdev Singh @ Inder Devi
Singh Resident of Village- Surangapur Bankipur Machhairawa, P.S.- Fatuha,
District- Patna.
3. Shivan Kumar S/O Santosh Prasad Resident of Village- Surangapur
Bankipur Machhairawa, P.S.- Fatuha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The learned APP for the State, at the outset,
submits that this is the second anticipatory bail application of
the petitioners when petitioners had earlier moved before this
Court seeking anticipatory bail by filing Criminal Miscellaneous
Patna High Court CR. MISC. No.71543 of 2025(2) dt.11-02-2026
2/2
No. 64249 of 2024 and the same was permitted to be
withdrawn.
3. The Court is not inclined to entertain the second
anticipatory bail application of the petitioners, thus, is rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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