Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail petition is not maintainable in the absence of any change in circumstances.
Summary
The petitioners, three residents of Basantpur, Arwal, filed a second anticipatory bail application after their earlier petition was rejected on 16 September 2025. The court noted that the present petition did not disclose any change in circumstances or any new ground to 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 bench held that a second anticipatory bail petition is not maintainable where the first has been denied. Consequently, the application was dismissed.
Issues considered
- Whether a second anticipatory bail petition is maintainable when the first has been rejected and no new circumstances are shown
- Whether the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu governs the maintainability of a second anticipatory bail petition
Subjects
- anticipatory bail
- second petition
- maintainability
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76252 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- Manikpur P.S District- Arwal
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1 . Nitish Kumar Son of Shiv Bachan Yadav R/o Village - Basantpur, P.S. -
Manikpur, Dist. - Arwal.
2. Chandra Shekhar Kumar Son of Shiv Bachan Yadav R/o Village - Basantpur,
P.S. - Manikpur, Dist. - Arwal.
3. Shiv Bechan Yadav Son of Late Babu Chand Yadav R/o Village - Basantpur,
P.S. - Manikpur, Dist. - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar , Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 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 16.09.2025 passed
in Cr. Misc. No. 64332 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,
the second anticipatory bail on behalf of the petitioners is not
Patna High Court CR. MISC. No.76252 of 2025(2) dt.16-01-2026
2/2
maintainable . It is, accordingly , dismissed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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