Patna High Court

Digvijay NarayanversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

A second anticipatory bail petition is not maintainable and must be dismissed.

Summary

The petitioner, Digvijay Narayan, a revenue clerk, filed a second anticipatory bail petition after an earlier petition was rejected on 27-08-2025. The petition was filed under Criminal Miscellaneous No.85863 of 2025 before the Patna High Court. The court noted that the second petition did not disclose any change in circumstances or any new ground for relief. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), the judge held that a second anticipatory bail application is not maintainable. Consequently, the petition was dismissed.

Issues considered

Whether a second anticipatory bail application is maintainable when no change of circumstances or new ground is shown

Subjects

anticipatory bail
second application
maintainability
Criminal Procedure Code
Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85863 of 2025
                  Arising Out of PS. Case No.-176 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
                 Digvijay Narayan Son of Late Jai Narayan Sah Resident Of Village
                 -Govindpur Bestwara, Ps- Singhwara, Dist -Darbhanga Presently Revenue
                 Clerk at Hajipur Block, Ps- Hajipur Sadar, Dist- Vaishali
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned
                   A.P.P. for the State.
                                2. This is second anticipatory bail petition. Earlier, the
                   petition, filed for grant of anticipatory bail on behalf of
                   petitioner, stood rejected, vide order dated 27.08.2025 passed in
                   Cr. Misc. No. 57170 of 2025.
                                3. This application does not reveal any change of
                   circumstances or new ground.
                                4. 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 Anrs reported in 2021 SCC OnLine SC 176, the
                   second anticipatory bail on behalf of the petitioner is not
                   maintainable. It is, accordingly, dismissed.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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Shivjee Singh