Patna High Court

Rajmangal PrasadversusThe State of Bihar

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

Holding

The second anticipatory bail petition is dismissed as not maintainable.

Summary

The petitioner, Rajmangal Prasad, filed a second anticipatory bail petition after an earlier petition was rejected on 16-02-2022. The petition sought pre‑arrest bail but did not allege any change in circumstances or present any new ground for relief. The Court observed that the filing of a fresh anticipatory bail application without fresh facts is not maintainable. It referred to the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC Online SC 176) which emphasizes the need for fresh grounds. Consequently, the Court dismissed the second anticipatory bail petition as not maintainable.

Issues considered

Whether a second anticipatory bail petition can be entertained in the absence of any fresh ground or change of circumstances.

Subjects

anticipatory bail
maintainability
criminal procedure
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73747 of 2024
                    Arising Out of PS. Case No.-51 Year-2021 Thana- RAJEPUR District- East Champaran
                  ======================================================
                  Rajmangal Prasad Son of Late Bhukhal Bhagat Resident of village -
                  Sidhwalia, Sidhwaliya, P.S.- Rajepur, District - East Champaran.
                                                                                  ... ... Petitioner
                                                     Versus
                  The State of Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Uday Prakash Sharma, Advocate
                  For the Opposite Party/s :       Mr.Jharkhandi Upadhyay, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

11   05-02-2026                   This is second anticipatory bail petition. Earlier the
                    petition, filed for grant of anticipatory bail on behalf of this
                    petitioner was rejected vide order dated dated 16.2.2022. The
                    present petition does not reveal any change of circumstance or
                    new ground.
                                  2. In view of the fact that no fresh ground has been
                    pressed for consideration of pre-arrest bail as well as 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, the second anticipatory
                    bail petition is dismissed being not maintainable.



                                           (Prabhat Kumar Singh, J)
Shashi

U        T

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