Patna High Court

CHHATHU SAH @ CHHATHU KUMARversusTHE STATE OF BIHAR

Decided: 16 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The anticipatory bail application is not maintainable and is dismissed.

Summary

The petitioners, Chhathu Sah and Akhilesh Kumar, filed a second application for anticipatory bail in connection with Harsidhi Police Station Case No.509 of 2023. The High Court examined the maintainability of the application in light of the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176). Relying on that precedent, the Court held that the anticipatory bail application could not be entertained. Consequently, the application was dismissed and the petitioners were ordered to surrender within two weeks and to seek regular bail, with the Superintendent of Police directed to effect their arrest. The order was delivered by Justice Sandeep Kumar.

Issues considered

Whether the anticipatory bail application is maintainable in view of the Supreme Court judgment in G.R. Ananda Babu v. State of Tamil Nadu.

Subjects

anticipatory bail
Criminal Procedure Code
bail jurisprudence
Supreme Court precedent
petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8088 of 2026
                  Arising Out of PS. Case No.-509 Year-2023 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     CHHATHU SAH @ CHHATHU KUMAR S/O NATAI SAH R/O VILL.-
                  GHEEWADHAR, P.S.- HARSIDHI, DISTRICT- EAST CHAMPARAN
           2.    AKHILESH KUMAR S/O KAPIL SAH R/O VILL.- GHEEWADHAR, P.S.-
                 HARSIDHI, DISTRICT- EAST CHAMPARAN

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Balgovind Sharma
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of anticipatory bail in connection with Harsidhi P.S. Case No.

                   509 of 2023.

                                3. This application is not maintainable 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 Anr. Reported in

                   2021 SCC OnLine SC 176.

                                4. Accordingly, this application is dismissed.

                                5. The petitioner is directed to surrender within two

                   weeks from today and pray for regular bail failing which the
          Patna High Court CR. MISC. No.8088 of 2026(2) dt.16-02-2026
                                                      2/2




                    Superintendent of Police, East Champaran will take all steps for

                    arrest of the petitioners.



                                                                 (Sandeep Kumar, J)
Vikas/-

U

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