Patna High Court

Rahul KumarversusThe State of Bihar

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

Holding

A second anticipatory bail application is not maintainable without a change in circumstances.

Summary

The petitioner, Rahul Kumar, filed a second anticipatory bail petition after an earlier application was rejected on 24 September 2024. The petition was filed without any new facts or change in circumstances. The court noted that the Supreme Court in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176) held that a second anticipatory bail application is not maintainable. Consequently, the High Court dismissed the petition, holding that the petitioner is not entitled to a fresh anticipatory bail. No relief was granted to the petitioner.

Issues considered

Whether a second anticipatory bail application is maintainable in the absence of a change in circumstances
Whether the petitioner is entitled to anticipatory bail after a prior rejection

Subjects

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

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.74427 of 2025
                        Arising Out of PS. Case No.-549 Year-2023 Thana- BIDUPUR District- Vaishali
                  ======================================================
                  Rahul Kumar S/O Upendra Prasad Chaurasia Resident of Purvi Panchseel
                  Nagar, Khagari Road, P.S-Danapur, District-Patna.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Jogendra Kumar, Advocate
                  For the Opposite Party/s :        Mr. Parmeshwar Mehta, 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 24.09.2024 passed in
                    Cr. Misc. No. 11259 of 2024.
                                 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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