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Patna High Court

Md. ShamsheirversusThe State of Bihar

Decided
Disposal
DISMISSED

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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