Patna High Court

Bhagwan SahversusThe State of Bihar

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

Holding

A second anticipatory bail application is not maintainable where there is no change in circumstances.

Summary

The petitioner, Bhagwan Sah, filed a second anticipatory bail petition after an earlier application was rejected on 25 July 2025. The petition was filed in the Patna High Court on 5 February 2026, alleging no change in circumstances since the first filing. The court noted that the petition did not disclose any new facts or grounds that would 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 judge held that a second anticipatory bail application is not maintainable. Consequently, the petition was dismissed.

Issues considered

Whether a second anticipatory bail application is maintainable in the absence of any change in circumstances
Whether the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu bars a second anticipatory bail petition

Subjects

anticipatory bail
second application
change of circumstances
criminal procedure
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.72296 of 2025
                   Arising Out of PS. Case No.-208 Year-2025 Thana- SASARAM NAGAR District- Rohtas
                  ======================================================
                  Bhagwan Sah Son of Shivpujan Sah R/o Village - Sadokhar, P.S. - Chenari,
                  Dist. - Rohtas at Sasaram.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Tribhuwan Narayan, Advocate
                  For the Opposite Party/s :      Ms. Asha Kumari, 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 25.07.2025 passed in
                    Cr. Misc. No. 34713 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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