Patna High Court
Shatrughan Dubey @ Shatrudhan DubeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail application lacking fresh material is not maintainable and must be dismissed.
Summary
The petitioner, Shatrughan Dubey, filed a second anticipatory bail application before the Patna High Court after an earlier application was withdrawn. The petition sought relief from arrest in a criminal case registered under PS Case No. 159 of 2025. The court noted that the present application did not disclose any new facts or changed circumstances that would warrant reconsideration. 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 petition without fresh material is not maintainable. Consequently, the court dismissed the application. The order was delivered by Justice Prabhat Kumar Singh on 2 February 2026.
Issues considered
- Whether a second anticipatory bail application can be entertained in the absence of new facts or changed circumstances.
Subjects
- anticipatory bail
- second application
- maintainability
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71974 of 2025
Arising Out of PS. Case No.-159 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Shatrughan Dubey @ Shatrudhan Dubey Son of Late Jagat Dubey Resident of
Village - Takht Bhithi, P.S. - Baniapur, District - Saran at Chapra(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rakesh Kumar, Advocate
For the State : Mr. Satyendra Prasad, APP
For the Informant : Ms. Archana Shahi, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 02-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned senior counsel for the informant.
2. This is second anticipatory bail application on
behalf of the petitioner. Earlier, the prayer for grant of
anticipatory bail to the petitioner was dismissed as withdrawn
vide order dated 29.08.2025 passed in Cr. Misc. No. 56676 of
2025.
3. This application does not reveal any new facts and
circumstances for reconsideration of prayer for grant of
anticipatory bail to the petitioner. In view of the recent judgment
of the Hon’ble Supreme Court in the case of G.R. Ananda
Babu Vs. State of Tamil Nadu and Anr. reported in 2021 SCC
OnLine SC 176, this second anticipatory bail on behalf of the
Patna High Court CR. MISC. No.71974 of 2025(6) dt.02-02-2026
2/2
petitioner is not maintainable.
4. This application is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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