Patna High Court
Azimullah AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
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