Patna High Court
Pawan Kumar Gupta @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court dismissed the renewed anticipatory bail application as the petitioner failed to demonstrate any fresh ground or material change in facts.
Summary
Petitioner Pawan Kumar Gupta filed a fresh anticipatory bail application after having withdrawn an earlier one on 30‑06‑2025. He claimed new grounds, namely the completion of investigation, filing of charge‑sheet and a marriage agreement dated 08‑06‑2019. The Patna High Court examined whether these constituted a material change in facts justifying a second anticipatory bail. The Court held that the alleged grounds were already available at the time of the first application and did not amount to a fresh change in circumstances. Consequently, the Court dismissed the renewed anticipatory bail application.
Issues considered
- Can a second anticipatory bail application be entertained after the petitioner has withdrawn the first one?
- Do the completion of investigation, filing of charge‑sheet and a marriage agreement constitute fresh grounds for granting anticipatory bail?
- Is there a material change in fact situation that warrants reconsideration of anticipatory bail?
Subjects
- anticipatory bail
- withdrawal of application
- fresh ground
- second anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80158 of 2025
Arising Out of PS. Case No.-266 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
Pawan Kumar Gupta @ Pawan Kumar Son of Shri Shiv Shankar Shaw
Resident of Village - Masouha, P.S.- Nardiganj, District - Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Kumari Daughter of Pramod Prasad R/o Mohalla - Manpur, Teli Tola,
P.S.- Mufassil, District - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Divya Singhvi
Mr. Rajesh Kumar
For the State : Mr. Asha Kumari
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 06-02-2026 Heard Ms. Divya Singhvi through virtual mode on
behalf of the petitioner assisted by the local counsel Mr. Rajesh
Kumar in presence of the learned APP for the State.
2. The present application for anticipatory bail has
been renewed on behalf of the petitioner by making the
submission that there are good grounds to consider the present
anticipatory bail application. The earlier order dated 30.06.2025
would reveal that after some arguments, the learned counsel for
the petitioner had prayed for withdrawal of the present
anticipatory bail application and as such, the permission was
granted and the application was dismissed as withdrawn giving
the petitioner the liberty that if he surrenders within a period of
three weeks and seeks regular bail before the learned court
Patna High Court CR. MISC. No.80158 of 2025(6) dt.06-02-2026
2/3
concerned, the same would be considered on its own merit and
preferably also on the same day without any prejudice.
3. Taking into consideration the said order which was
passed on 30.06.2025 after hearing some arguments, this Court
finds no reason to take a different view in the matter since the
fresh ground, as has been stated in the petition, relates to
completion of investigation and filing of charge-sheet
whereafter cognizance was taken on 01.02.2025. A reference
has also been made to a marriage agreement prepared on
08.06.2019. Both the grounds which have been taken as a fresh
ground were available even at the time when the anticipatory
bail application of the petitioner was being considered. The law
is well settled that there is no bar on consideration of a second
anticipatory bail application in case there is a major change in
the fact situation or some fresh ground worth consideration is
urged.
4. This Court finds that the fresh grounds taken by
way of the petition do not relate to any change in the fact
situation of the case and they can hardly be treated as a fresh
ground for re-consideration of the application for anticipatory
bail when the same was consciously withdrawn after some
arguments by the learned counsel for the petitioner.
Patna High Court CR. MISC. No.80158 of 2025(6) dt.06-02-2026
3/3
5. In such view of the mater, the present application
stands dismissed.
(Soni Shrivastava, J)
devendra/-
U T
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