Patna High Court

Aditya RajversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail cannot be granted on a second application after a prior rejection.

Summary

The petitioner, Aditya Raj, filed a second application for anticipatory bail in Criminal Miscellaneous No.72079 of 2025, relating to an excise case pending before the Exclusive Special Excise Court No.-1, Banka. He had previously sought anticipatory bail in Criminal Miscellaneous No.44530 of 2021, which was rejected on 26 April 2022. The petitioner argued for relief, but the Court noted that this was a repeat attempt to obtain the privilege of anticipatory bail. The Court held that it is not inclined to extend anticipatory bail when the petitioner has already been denied the same relief. Consequently, the prayer for anticipatory bail was rejected, and the petition was dismissed.

Issues considered

What is the appropriate judicial approach when a petitioner makes a second application for anticipatory bail after a prior rejection?

Subjects

anticipatory bail
repeat application
privilege of bail
criminal procedure
bail jurisdiction

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.72079 of 2025
                          Arising Out of PS. Case No.-82 Year-2021 Thana- BAUNSI District- Banka
                   ======================================================
                   Aditya Raj S/o Ramakant Singh R/o vill - Lakho, P.S.- Lakho, Dist.-
                   Begusarai
                                                                        ... ... Petitioner/s
                                                Versus
                   The State of Bihar
                                                                 ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Braj Bhusan Poddar, Advocate
                   For the Opposite Party/s :       Mr. Anish Chandra, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

3     07-01-2026                  Heard learned counsel for the petitioner and learned
                     APP for the State.
                                  2. This is the second attempt of the petitioner to seek
                     anticipatory bail when petitioner earlier had moved before this
                     Court seeking anticipatory bail by filing Criminal Miscellaneous
                     No.44530 of 2021 and the same came to be rejected by an order
                     dated 26.04.2022 passed by a learned the then Coordinate
                     Bench. Since this is the second attempt of the petitioner to seek
                     anticipatory bail, as such, the Court is not inclined to extend the
                     privilege of anticipatory bail to the petitioner.
                                  3. Accordingly, the prayer for grant of anticipatory
                     bail to the petitioner is rejected in connection with Baunsi P.S.
                     Case No.82 of 2021, pending in the court of learned Exclusive
                     Special Excise Court No.-1, Banka.


                                                (Satyavrat Verma, J)

Sanjay/-

U          T

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