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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

A second anticipatory bail petition is not maintainable and is dismissed.

Summary

The petitioners, a group of family members, filed a second anticipatory bail application after an earlier one was withdrawn. The court noted that the new petition did not demonstrate any change in circumstances or present any new grounds. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021), the judge held that a second anticipatory bail petition is not maintainable. Consequently, the application was dismissed. No statutory provisions were specifically cited in the order.

Issues considered

  • Is a second anticipatory bail petition maintainable in the absence of changed circumstances?
  • Does the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu preclude filing a second anticipatory bail application?

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77030 of 2025
                     Arising Out of PS. Case No.-90 Year-2016 Thana- MEHANDIGANJ District- Patna
                 ======================================================
           1.     Sanjay Kumar Son of Late Keshav Prasad Yadav (Alleged Husband). R/O
                  Mohalla- Ranipur Khirki, P.S.- Mehandiganj, District- Patna
           2.    Sudhir Kumar Son of Late Keshav Prasad Yadav (Alleged Dewar). R/O
                 Mohalla- Ranipur Khirki, P.S.- Mehandiganj, District- Patna
           3.    Bantu Kumar Son of Late Keshav Prasad Yadav (Alleged Dewar). R/O
                 Mohalla- Ranipur Khirki, P.S.- Mehandiganj, District- Patna
           4.    Brihaspatiya Devi @ Mahapati Devi Wife of Late Keshav Prasad Yadav
                 (Alleged Mother-in-law). Resident of Mohalla- Ranipur Khirki, Police
                 Station- Mehandiganj, District- Patna.
           5.    Mina Devi Daughter of Keshav Prasad @ Late Keshav Prasad Yadav
                 Resident of Mohalla- Ranipur Khirki, Police Station- Mehandiganj, District-
                 Patna, At present wife of Ujjawal Narayan Sinha, resident of Postal Park,
                 Police Station- Jakkanpur, District-Patna (Alleged Married Nanad).

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Anita Kumari Wife of Sanjay Kumar Resident of Village- Mallikpur, Police
                 Station- Dhanarua, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Krishna Jha, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                  Heard learned counsel for the petitioners 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

                   petitioners, stood dismissed as withdrawn, vide order dated

                   29.07.2025 passed in Cr. Misc. No. 21276 of 2025.
              Patna High Court CR. MISC. No.77030 of 2025(2) dt.16-01-2026
                                                          2/2




                                     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 petitioners is not

                        maintainable. It is, accordingly, dismissed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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