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Patna High Court

Pawan Kumar Gupta @ Pawan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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Petitioner Pawan Kumar Gupta filed a fresh anticipatory bail application after having withdrawn an earlier one on 30‑06‑2025.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  • Can a second anticipatory bail application be entertained after the petitioner has withdrawn the first one?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
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                                    5. In such view of the mater, the present application

                       stands dismissed.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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