Patna High Court
Santosh Mandal @ Santosh Kumar @ Santosh MadalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail petition is not maintainable in the absence of a material change in circumstances.
Summary
The petitioners, Santosh Mandal and Rohit Kumar, filed a second anticipatory bail petition after their first petition was rejected on 20‑02‑2025. The petition alleged no change in circumstances or new grounds to justify a fresh application. The Court noted the recent Supreme Court decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176) which held that a second anticipatory bail application is not maintainable without a material change. Consequently, the Patna High Court dismissed the second anticipatory bail petition as inadmissible. The order was delivered by Justice Prabhat Kumar Singh.
Issues considered
- Is a second anticipatory bail petition maintainable when there is no change in circumstances or new ground?
- Does the Supreme Court judgment in G.R. Ananda Babu v. State of Tamil Nadu govern the maintainability of a subsequent anticipatory bail application?
Subjects
- anticipatory bail
- maintainability
- second petition
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75435 of 2025
Arising Out of PS. Case No.-210 Year-2024 Thana- BARIYARPUR District- Munger
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1 . Santosh Mandal @ Santosh Kumar @ Santosh Madal S/O Paro Mandal R/O
Village- Bangali Tola Kalyanpur, P.S- Bariyarpur, Distt.- Munger.
2. Rohit Kumar @ Rohit Mandal S/O Paro Mandal R/O Village- Bangali Tola
Kalyanpur, P.S- Bariyarpur, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deep Anshuman, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the parties.
2. This is second anticipatory bail petition. Earlier, the
petition, filed for grant of anticipatory bail on behalf of
petitioners, stood rejected, vide order dated 20.02.2025 passed
in Cr. Misc. No. 4194 of 2025 .
3 . This application does not reveal any change of
circumstances or new ground.
4. 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 Anrs reported in 2021 SCC OnLine SC 176,
Patna High Court CR. MISC. No.75435 of 2025(2) dt.05-02-2026
2/2
the second anticipatory bail on behalf of the petitioners is not
maintainable. It is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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