Created by Fuzzy Cloud

Patna High Court

Azimullah AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The second anticipatory bail petition was dismissed as not maintainable.

Summary

Azimullah Ansari filed a second anticipatory bail petition after his earlier petition was rejected on 1‑12‑2022 and a Special Leave Petition was dismissed by the Supreme Court. The petitioner offered no new facts or grounds to justify pre‑arrest bail. The Patna High Court, relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC Online SC 176), held that a second anticipatory bail application without fresh circumstances is not maintainable. Consequently, the court dismissed the petition as untenable. No relief was granted to the petitioner.

Issues considered

  • Whether a second anticipatory bail petition can be entertained in the absence of any change in circumstances or fresh grounds
  • Whether the Supreme Court’s judgment in G.R. Ananda Babu v. State of Tamil Nadu governs the maintainability of such a petition

Subjects

  • anticipatory bail
  • second petition
  • maintainability
  • Supreme Court precedent
  • pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82155 of 2024
                      Arising Out of PS. Case No.-86 Year-2015 Thana- SHEOHAR District- Sheohar
                 ======================================================
                 Azimullah Ansari S/O Md. Hadish Ansari Resident of Village- Bankikhal,
                 P.O- Mirganj, P.S- Uchkagaon, District- Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Department of Vigilence, Bihar, Patna. Bihar
           3.    Economic Offence Unit, Patna, through Additional Director General of
                 Police Bihar
           4.    Bihar State Food and Civil Supplies Corporation through its Managing
                 Director Khadya Bhawan, R/ Block, Daroga Prasad Rai Path, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Apurv Harsh, Advocate
                 For the Opposite Party/s :      Mr.Jai Narain Thakur, A.P.P.
                 For EOU                         Mr Vijay Anand, Advocate
                 For Corporation                 Mr Shailendra Kr.Singh, Advocate
                 For the Vigilance               Mr. Anil Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

9   05-02-2026                    This is second anticipatory bail petition. Earlier the

                   petition, filed for grant of anticipatory bail on behalf of this

                   petitioner was rejected vide order dated dated 1.12.2022.

                   SLP(Crl.) No.1028/23, filed against order dated 1.12.2022, has

                   also been dismissed by the Hon’ble Supreme Court.

                                2. The present petition does not reveal any change of

                   circumstance or new ground. In view of the fact that no fresh

                   ground has been pressed for consideration of pre-arrest bail as

                   well as in view of the recent judgment of the Hon’ble Supreme

                   Court in the case of G.R. Ananda Babu Vs. State of Tamil
               Patna High Court CR. MISC. No.82155 of 2024(9) dt.05-02-2026
                                                           2/2




                         Nadu and Anr., reported in 2021 SCC Online SC 176, the

                         second anticipatory bail petition is dismissed being not

                         maintainable.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.