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Patna High Court

Jawala Prasad @ Jawala PrakashversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Successive bail applications cannot be entertained within a few months of an earlier rejection.

Summary

The petitioner, Jawala Prasad, applied for bail in a case registered under Section 394 of the Indian Penal Code. His earlier bail application had been rejected on 15 September 2025. He filed a new bail application within six months of the rejection. The Patna High Court held that the new application was premature, as successive bail applications cannot be entertained within a short period after a prior rejection. Consequently, the court dismissed the bail application and imposed a cost of Rs. 5,000 to be deposited with the Legal Services Authority.

Issues considered

  • Whether a successive bail application filed within a few months of an earlier rejection can be entertained by the court

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 394 IPC
  • successive applications
  • premature application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.86834 of 2025
                         Arising Out of PS. Case No.-86 Year-2018 Thana- BHELDI District- Saran
                 ======================================================
                 Jawala Prasad @ Jawala Prakash S/o Lal Babu Gupta R/o Mohalla - Arya
                 Nagar, P.S - Chapra, District - Saran at Chapra


                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Maheshwar Prasad, Advocate
                 For the State           :        Mr.Madhuri Lata, 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. The petitioner seeks bail in connection with Bheldi

                   P.S. Case No. 86 of 2018 registered for the offence punishable

                   under Section 394 of the Indian Penal Code.

                                  3. Earlier, the prayer for bail of the petitioner was

                   rejected vide order dated 15.09.2025 in Cr. Misc. No. 31978 of

                   2025 and the present bail application has been preferred by the

                   petitioner within six months.

                                  4. In the opinion of this Court, this application is

                   premature as successive bail applications cannot be entertained
           Patna High Court CR. MISC. No.86834 of 2025(2) dt.31-01-2026
                                                       2/2




                     by this Court within few months of earlier rejection.

                                  5. Accordingly, this application is dismissed with a

                     cost of Rs. 5,000/- which shall be deposited in the Patna High

                     Court, Legal Services Authority within two weeks from today.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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