Patna High Court
Full Devi @ Ful DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
A second anticipatory bail application filed after a prior rejection is not maintainable and must be dismissed.
Summary
Full Devi, the wife of a deceased soldier, had earlier applied for anticipatory bail which was rejected on 7 March 2022. She subsequently failed to surrender and filed a second anticipatory bail application. The Patna High Court, relying on the Supreme Court’s decision in G.R. Ananda Baju v. State of Tamil Nadu (2021) 16 SCC 725, held that a second anticipatory bail petition after a prior rejection is not maintainable and dismissed the application. The court directed the Superintendent of Police, Munger, to seek an explanation from the local S.H.O. for the petitioner’s non‑arrest and to take action if police connivance is found. The petitioner was ordered to surrender within two weeks and apply for regular bail, failing which she would be arrested. The order was communicated to the police for compliance.
Issues considered
- Whether a second anticipatory bail application is maintainable after an earlier anticipatory bail was dismissed
Subjects
- anticipatory bail
- regular bail
- Criminal Procedure Code
- police accountability
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86585 of 2025
Arising Out of PS. Case No.-86 Year-2020 Thana- NAYA RAM NAGAR District- Munger
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Full Devi @ Ful Devi Wife of Late Sipahi Paswan Village- Chakman Singh
Indrarukh PS -Safiasarai Dist -Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For the State : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Earlier the prayer for anticipatory bail of the
petitioner was dismissed on 07.03.2022 passed in Cr. Misc. No.
27620 of 2021. Thereafter, the petitioner has still not
surrendered and prayed for regular bail in the Court below and
has filed the present second application for anticipatory bail.
3. In view of the judgment of the Hon’ble Supreme
Court in the case of G.R. Ananda Baju vs. State of T.N. & Anr.
reported as (2021) 16 SCC 725, the second anticipatory bail
filed by the petitioner is not maintainable and is hereby
dismissed.
4. The Superintendent of Police, Munger will call for
an explanation from the S.H.O. of Naya Ram Nagar Police
Patna High Court CR. MISC. No.86585 of 2025(2) dt.31-01-2026
2/2
Station as to why the petitioner, whose anticipatory bail was
rejected about four years back has not been arrested and if the
Superintendent of Police, Munger finds the connivance of the
local police then he will take appropriate action against the
police officials posted as S.H.O. in the Naya Ram Nagar Police
Station since 2022.
5. In the meantime, the petitioner is directed to
surrender within two weeks from today and pray for regular
bail, failing which the Superintendent of Police, Munger will
take all steps for arrest of the petitioner.
6. Let a copy of this order be communicated to the
Superintendent of Police, Munger through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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