Patna High Court
Jawala Prasad @ Jawala PrakashversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 394
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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