Patna High Court

Diwakar PaswanversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The second bail application was dismissed as it was filed prematurely.

Summary

Diwakar Paswan applied for bail in a criminal case, but his first bail application was rejected on 09.07.2025. He filed a second bail application on 11.12.2025. The court observed that filing multiple bail applications in quick succession is not appreciated and considered the second application premature. Consequently, the court dismissed the second bail application. The dismissal was based on procedural impropriety rather than merits of the case.

Issues considered

Whether a second bail application filed shortly after a rejected first application can be entertained
Whether filing multiple bail applications in quick succession is permissible under criminal procedure

Subjects

bail
criminal procedure
premature filing
high court
petition dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87770 of 2025
                      Arising Out of PS. Case No.-146 Year-2022 Thana- BEERPUR District- Begusarai
                 ======================================================
                 Diwakar Paswan S/O Praveen Paswan R/O Vill.- Kasimpur, P.s.- Nayagaon,
                 Dist.- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Braj Bhusan Poddar, Adv
                 For the Opposite Party/s :        Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-02-2026                    Heard learned senior counsel Mr. P.N. Shahi for the

                   petitioner and learned APP for the State.

                                2. Earlier the bail application of the petitioner was

                   rejected vide order dated 09.07.2025 passed in Cr. Misc. No.

                   39508 of 2025.

                                3. The second bail application has been filed shortly

                   on 11.12. 2025. This kind of practice by the advocate on record

                   is not appreciated by this Court. This court is not inclined to

                   entertain this application.

                                4. This application is dismissed because of filing it

                   prematurely.

N.K/-                                         (Sandeep Kumar, J)

U       T

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