Patna High Court

Jagiya DeviversusThe State of Bihar

Decided: 3 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

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

Summary

Jagiya Devi filed a second anticipatory bail petition after an earlier petition was rejected on 16 September 2025. The petition did not allege any change in circumstances or present new grounds. The Patna High Court, relying on the Supreme Court’s decision 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 court dismissed the petition. No other evidence or arguments altered the earlier conclusion.

Issues considered

Whether a second anticipatory bail petition is maintainable after an earlier petition has been rejected
Whether the Supreme Court’s ruling in G.R. Ananda Babu v. State of Tamil Nadu governs the present case

Subjects

anticipatory bail
second petition
maintainability
Criminal Procedure Code
Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77442 of 2025
                       Arising Out of PS. Case No.-22 Year-2025 Thana- Manikpur P.S District- Arwal
                 ======================================================
                 Jagiya Devi wife of Shiv Bachan yadav Resident Of Village- Basantpur, Ps-

                 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. Lakshmi Kant Sharma, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                   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

                   petitioner, 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
            Patna High Court CR. MISC. No.77442 of 2025(2) dt.03-02-2026
                                                        2/2




                      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)
Koushik/-

U      T

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