Patna High Court

Jibachh yadavversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

A second anticipatory bail petition is not maintainable and must be dismissed.

Summary

The petitioner, Jibachh Yadav, filed a second anticipatory bail petition after an earlier petition was rejected on 16‑04‑2025. The petition was filed under the Criminal Miscellaneous proceeding and no new facts or change in circumstances were presented. The court noted the recent Supreme Court decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176) which held that a second anticipatory bail application is not maintainable. Accordingly, the High Court dismissed the second anticipatory bail petition. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether a second anticipatory bail petition is maintainable in the absence of any change of circumstances

Subjects

anticipatory bail
second bail petition
Criminal Procedure Code
Supreme Court precedent
bail jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88315 of 2025
                    Arising Out of PS. Case No.-701 Year-2023 Thana- SIMRI BAKHTIYARPUR District-
                                                          Saharsa
                  ======================================================
                  Jibachh yadav Son of Late Dhodhya Yadav Resident Of Village- Umadan
                  Tola, Sitanabad North, Ward No 03, Ps-Simri Bakhtiyarpur, District -Saharsa

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Pramod Mishra, Advocate
                  For the Opposite Party/s :     Mr. Harendra Prasad , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    10-02-2026                    Heard learned counsel for the parties.
                                 2. This is second anticipatory bail petition. Earlier, the
                    petition, filed for grant of anticipatory bail on behalf of
                    petitioner, stood rejected, vide order dated 16.04.2025                passed
                    in Cr. Misc. No. 16610 of 2025 .
                                 3 . This application does not reveal any change of
                    circumstances or new ground.
                                  4. In view of the recent judgment of the Hon’ble
                    Supreme Court in the case of G.R. Ananda Babu Vs. State of
                    Tamil Nadu and Anrs reported in 2021 SCC OnLine SC 176,
                    the second anticipatory bail on behalf of the petitioner is not
                    maintainable. It is, accordingly, dismissed.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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