Patna High Court
Md. ShamsheirversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
A second anticipatory bail application without fresh facts is not maintainable and must be dismissed.
Summary
The petitioner, Md. Shamsheir, filed a second anticipatory bail application after his earlier request was denied on 30-04-2025. The petition did not present any new facts or circumstances to justify reconsideration. The Patna High Court, referencing the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176), held that a second anticipatory bail application without fresh material is not maintainable. Consequently, the court dismissed the application. The order reaffirmed the principle that anticipatory bail cannot be repeatedly sought without substantive change in the factual matrix.
Issues considered
- Whether a second anticipatory bail application can be entertained in the absence of new facts or circumstances.
- Whether the Supreme Court’s precedent in G.R. Ananda Babu v. State of Tamil Nadu governs the maintainability of such applications.
Subjects
- anticipatory bail
- maintainability
- second application
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90703 of 2025
Arising Out of PS. Case No.-223 Year-2023 Thana- SAHARSA SADAR District- Saharsa
======================================================
Md. Shamsheir S/O Md. Asruddin Resident of mohalla- Machhali Market,
Ward No. 21, P.S.- Saharsa, Dist.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Amarjeet Prabhakar, Advocate
For the State : Mr. Ajay Kumar No. 2, APP
======================================================
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 application on
behalf of the petitioner. Earlier, the prayer for grant of
anticipatory bail of the petitioner was rejected on merit vide
order dated 30.04.2025 passed in Cr. Misc. No. 21420 of 2025.
3. This application does not reveal any new facts and
circumstances for reconsideration of prayer for grant of
anticipatory bail of the petitioner. 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 Anr. reported in
2021 SCC OnLine SC 176, this second anticipatory bail on
behalf of the petitioner is not maintainable.
Patna High Court CR. MISC. No.90703 of 2025(2) dt.10-02-2026
2/2
4. This application is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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