Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

A second anticipatory bail petition is not maintainable and must be dismissed.

Summary

The petitioner, Nitish Kumar, filed a second anticipatory bail petition after an earlier application was rejected on 01‑09‑2025. The petition was heard on 05‑02‑2026 before Justice Prabhat Kumar Singh. The petitioner offered no new facts or changed circumstances to justify a fresh bail order. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the court held that a second anticipatory bail application is not maintainable. Consequently, the petition was dismissed.

Issues considered

Whether a second anticipatory bail application can be entertained when no change in circumstances is shown

Subjects

anticipatory bail
second application
maintainability
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.71702 of 2025
                        Arising Out of PS. Case No.-106 Year-2025 Thana- BELAGANJ District- Gaya
                  ======================================================
                  Nitish Kumar Son of Anand Yadav Resident Of village- Maulvichak PS-
                  Belaganj Dist -Gayaji

                                                                                    ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shivendra Prasad, Advocate
                  For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    05-02-2026                  Heard learned counsel for the petitioner and learned
                    A.P.P. for the State.
                                 2. This is second anticipatory bail petition. Earlier, the
                    petition, filed for grant of anticipatory bail on behalf of
                    petitioner, stood rejected, vide order dated 01.09.2025 passed in
                    Cr. Misc. No. 59303 of 2025.
                                 3. This application does not reveal any change of
                    circumstances or new ground.
                                 4. In view of the judgment of the Hon’ble Supreme
                    Court in the case of G.R. Ananda Babu Vs. State of Tamil
                    Nadu and Anrs reported in 2021 SCC OnLine SC 176, the
                    second anticipatory bail on behalf of the petitioner is not
                    maintainable. It is, accordingly, dismissed.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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