Patna High Court

Manoj SahversusThe State of Bihar

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

Holding

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

Summary

Manoj Sah filed a second anticipatory bail petition after his earlier petition was rejected on 25 September 2024. The petition was filed under Cr. Misc. No. 77855 of 2025. The court noted that the application did not disclose any change in circumstances or any new ground for relief. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the judge held that a second anticipatory bail petition is not maintainable. Consequently, the petition was dismissed.

Issues considered

Whether a second anticipatory bail petition can be entertained when the first petition has been rejected
Whether the Supreme Court precedent in G.R. Ananda Babu v. State of Tamil Nadu bars a second anticipatory bail application

Subjects

anticipatory bail
second petition
Criminal Procedure Code
Supreme Court precedent
bail jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.77855 of 2025
                       Arising Out of PS. Case No.-121 Year-2023 Thana- BEERPUR District- Begusarai
                  ======================================================
                  Manoj Sah S/o- Late Ramdeo Sah Resident of village- Muzaffara Ps- Beerpur
                  District- Begusarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Lal Mani Sharma, Advocate
                  For the Opposite Party/s :        Mr. Bharat Bhushan, 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
                    petitioner, stood rejected, vide order dated 25.09.2024 passed
                    in Cr. Misc. No. 61306 of 2024 .
                                 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 petitioner is not
                    maintainable. It is, accordingly, dismissed.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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