Patna High Court
Dholi Jha @ Shubham Jha @ Dholi @ Shubham Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
A second anticipatory bail petition filed without any change in circumstances and with unresolved objections is liable to be dismissed.
Summary
The petitioner filed a second anticipatory bail petition after his earlier application was rejected, alleging no change in circumstances. The court noted that the earlier petition had been dismissed because proceedings under Sections 82 and 83 of the Criminal Procedure Code were already underway. The petitioner re‑filed the petition on 16 November 2024 without addressing the objections raised by the office for over a year and a half. The court observed that there were no material changes to justify a fresh bail order. Consequently, the court dismissed the second anticipatory bail petition, upholding the earlier rejection.
Issues considered
- Whether a second anticipatory bail petition can be entertained when there are no changed circumstances since the first rejection
- Whether the objections raised by the office, if unremedied for a prolonged period, justify dismissal of the anticipatory bail petition
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82, 83
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 82
- Section 83
- unchanged circumstances
- petition dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80929 of 2024
Arising Out of PS. Case No.-78 Year-2021 Thana- BARHIYA District- Lakhisarai
======================================================
Dholi Jha @ Shubham Jha @ Dholi @ Shubham Kumar Jha Son of
Gopal Jha R/O Vil.- Mishrwa Tola PS- Barahiya, Dist.- Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nakul Jamuar, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 04-02-2026 This is the second anticipatory bail petition of the
petitioner.
2. It appears from perusal of record that first prayer
of anticipatory bail of petitioner was rejected by one of the
learned coordinate Bench of this Court through Cr. Misc. No.
56966 of 2022 dated 24.04.2023, considering the fact that
process under Sections 82 and 83 of the Cr.P.C. have already
been initiated.
3. It appears that without having any changed
circumstances, the present anticipatory bail petition was filed
on second occasion. Office has also raised objection, which
was not removed by advocate concerns in the last 1½ year, as
this petition was filed on 16.11.2024.
Patna High Court CR. MISC. No.80929 of 2024(2) dt.04-02-2026
2/2
4. In view of the aforesaid, as this petition preferred
without having any changed circumstances, and as the
defects pointed out by office, was not removed for long 1½
year, accordingly, prayer of anticipatory bail of the petitioner
stands dismissed.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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