Patna High Court
Shashikant UpadhyayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
The second anticipatory bail application is not maintainable and is dismissed.
Summary
The petitioner, Shashikant Upadhyay, sought anticipatory bail in connection with a criminal case (PS Nautan Case No.148 of 2025) alleging assault under several sections of the B.N.S. He had previously filed an anticipatory bail application (Cr. Misc. No.44966 of 2025) which was withdrawn on 28 July 2025. After withdrawing the first application, he filed a second anticipatory bail petition before the Patna High Court. The learned Additional Public Prosecutor opposed the petition, arguing that a second application cannot be entertained after a withdrawal. The Court held that once an anticipatory bail application is withdrawn, the petitioner cannot re‑file another for the same offence. Consequently, the second anticipatory bail application was dismissed as not maintainable.
Issues considered
- Whether a second anticipatory bail application is maintainable after the petitioner has withdrawn a prior anticipatory bail application in the same case
Legislation cited
- B.N.S. — s. 109, 115(2), 118, 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- withdrawal of application
- maintainability
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88032 of 2025
Arising Out of PS. Case No.-148 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Shashikant Upadhyay S/O Brajkishor Upadhyay Resident of Vill- Mangalpur
Kala, P.S.- Nautan, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 16-01-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Ashok Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Nautan P.S. Case No. 148 of 2025, F.I.R. dated
01.04.2025 for the offences punishable under Sections 126(2) /
115(2)/118/109/303(2)/352/3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
and his brother. The specific allegation of assault is against the
petitioner who hit on the head of the informant by means of iron
rod with intention to kill and the informant fell down.
4. Earlier, the petitioner has moved before this Court
for grant of anticipatory bail in Cr. Misc. No. 44966 of 2025 but
Patna High Court CR. MISC. No.88032 of 2025(3) dt.16-01-2026
2/2
the same was dismissed as withdrawn vide order dated
28.07.2025.
5. After withdrawal of the first anticipatory bail
application, the petitioner has again approached this Hon’ble
Court for grant of anticipatory bail. However, once the
petitioner has withdrawn his anticipatory bail application, there
is no occasion to entertain his second anticipatory bail
application.
6. Hence, the second anticipatory bail application of
the petitioner is not maintainable and dismissed accordingly.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
Checking your session…