Patna High Court
Sunil Dubey @ Sunil Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail petition is not maintainable without fresh grounds or a change in circumstances.
Summary
The petitioner, Sunil Dubey, filed a second anticipatory bail petition after an earlier petition was dismissed by a coordinate bench of the Patna High Court. The petition did not allege any change in circumstances or present any new grounds for relief. The court noted that, in the absence of fresh material, a repeat anticipatory bail application is not maintainable. Relying on the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu, the court held that the second petition could not be entertained. Consequently, the petition was dismissed.
Issues considered
- Whether a second anticipatory bail petition is maintainable in the absence of any change of circumstances or fresh grounds.
Subjects
- anticipatory bail
- pre‑arrest bail
- repeat petition
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87131 of 2025
Arising Out of PS. Case No.-68 Year-2024 Thana- SIMRI District- Buxar
======================================================
Sunil Dubey @ Sunil Kumar Dubey S/o Late Rameshwar Dubey R/o Village
- Barka Dhaikaich, P.S - Krishna Brahma, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar Sinha
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 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 dismissed on merit by a coordinate Bench of
this Court, vide order dated 22.10.2024 passed in Cr.Misc. No.
70813 of 2024 (Annexure – 1 to the supplementary affidavit).
3. The present petition does not reveal any change of
circumstance or new ground.
4. 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 judgment of the Hon’ble Supreme Court in the case of G.R.
Ananda Babu Vs. State of Tamil Nadu and Anr., reported in
2021 SCC Online SC 176, the second anticipatory bail petition
Patna High Court CR. MISC. No.87131 of 2025(2) dt.10-02-2026
2/2
is not maintainable. It is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
anay
U T
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