Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Successive bail applications are not to be entertained; the second bail application was dismissed.
Summary
The petitioner, Brajesh Kumar, sought regular bail in a criminal case (Sessions Trial No. 436 of 2025) after his earlier bail application was rejected on 17-10-2025. He filed a second bail application on 3-2-2026, three months after the rejection. The court noted that filing successive bail applications is discouraged and contrary to established practice. Consequently, the court dismissed the second bail application and imposed a cost of Rs. 5,000 to be deposited with the High Court Legal Services Authority. The order was pronounced by Justice Sandeep Kumar on 16-02-2026.
Issues considered
- Whether a successive bail application filed after a prior rejection can be entertained by the High Court
Subjects
- bail
- criminal procedure
- successive applications
- high court
- cost
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8734 of 2026
Arising Out of PS. Case No.-544 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Brajesh Kumar S/O Ramesh Bhagat Resident of Village- Pipra Visho Biduria,
P.S.- Rajepur OP, Sahebganj,(in F.I.R wrongly mentioned as Baruraj) District-
Muzaffarpur,
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
grant of regular bail in connection with Sessions Trial No. 436
of 2025 arising out of Sahebganj P.S. Case No. 544 of 2024.
Earlier, the bail application of the petitioner was rejected vide
order dated 17.10.2025 passed in Cr. Misc. No. 32658 of 2025.
3. From the perusal the records, it appears that earlier
bail application of the petitioner was rejected on 17.10.2025 and
the petitioner has filed this successive bail application in this
Court again on 3.2..2026, after three months from the rejection
of the earlier bail order and the practice of filing successive bail
applications by the learned counsels is discouraged by this
Patna High Court CR. MISC. No.8734 of 2026(2) dt.16-02-2026
2/2
Court.
4. In view of the above, this application is dismissed
with a cost of Rs. 5000/- which shall be deposited in the Patna
High Court Legal Services Authority within two weeks from
today.
(Sandeep Kumar, J)
Vikas/-
U
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