Patna High Court
Sujeet Kumar @ Dr. Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
A second anticipatory bail application filed after the withdrawal of a prior application is not maintainable and must be dismissed.
Summary
The petitioner, Sujeet Kumar, sought anticipatory bail in connection with a 2018 FIR alleging multiple IPC offences, including assault and attempts to outrage modesty. He had previously filed an anticipatory bail application (Cr. Misc. No. 22956 of 2023) which he withdrew on 17 October 2023. After withdrawing the first application, he filed a second anticipatory bail petition. The court examined whether a second anticipatory bail application could be entertained after the withdrawal of the first. It held that once the petitioner withdraws his anticipatory bail application, there is no occasion to entertain a subsequent application on the same matter. Consequently, the second anticipatory bail petition was deemed not maintainable and was dismissed.
Issues considered
- Whether a second anticipatory bail application is maintainable after the petitioner has withdrawn a prior anticipatory bail application.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 308, 323, 325, 341, 354B, 379, 447, 504, 506, 509
Subjects
- anticipatory bail
- withdrawal of application
- maintainability
- Criminal Procedure Code
- Indian Penal Code offences
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72525 of 2025
Arising Out of PS. Case No.-495 Year-2018 Thana- DANAPUR District- Patna
======================================================
Sujeet Kumar @ Dr. Sujeet Kumar S/o- Lt. Keda Singh @ Keda Ray R/O-
Vill- Naye Tola, P.S- Danapur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y. C. Verma, Sr. Advocate
Mrs. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 16-01-2026 Heard Mr. Y. C. Verma, learned senior counsel for the
petitioner and Mr. Aditya Narayan Singh 1, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Danapur P.S. Case No. 495 of 2018, F.I.R.
dated 25.07.2018 for the offences punishable under Sections
147, 148, 149, 323, 341, 354B, 447, 379, 325, 504, 506, 509 and
308 of the Indian Penal Code.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
and her family members and tried to outraged her modesty. The
specific allegation of assault falls upon other accused persons.
The accused persons also caused damage to the said house.
Patna High Court CR. MISC. No.72525 of 2025(3) dt.16-01-2026
2/2
4. Earlier, the petitioner has moved before this Court
for grant of anticipatory bail in Cr. Misc. No. 22956 of 2023 but
the same was withdrawn vide order dated 17.10.2023.
5. After withdrawal of the first anticipatory bail
application, the petitioner has again approached this Hon’ble
Court for grant of anticipatory bail. However, once the
petitioner has withdrawn his anticipatory bail application, there
is no occasion to entertain his second anticipatory bail
application.
6. Hence, the second anticipatory bail application of
the petitioner is not maintainable and dismissed accordingly.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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