Patna High Court

Abhishek KumarversusThe State of Bihar

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

Holding

A second anticipatory bail application lacking fresh material is not maintainable and must be dismissed.

Summary

The petitioner, Abhishek Kumar, filed a second anticipatory bail application before the Patna High Court after an earlier application was rejected on merit on 22 September 2025. The petition sought relief despite the absence of any new facts or circumstances that could justify reconsideration. The court observed that the application did not disclose any fresh material and cited the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176) which holds that a second anticipatory bail petition without new facts is not maintainable. Consequently, the court dismissed the petition. The order reaffirmed the principle that anticipatory bail applications must be grounded in fresh evidence or changed circumstances.

Issues considered

Whether a second anticipatory bail application filed without any new facts or circumstances is maintainable.

Subjects

anticipatory bail
second application
maintainability
criminal procedure
Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90925 of 2025
                   Arising Out of PS. Case No.-270 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Abhishek Kumar S/O Nagina Bhagat R/O Village- Minapur, Ward No. 11,
                 P.S.- Sahebganj (Rajepur O.P.), District- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Priyanka Singh, Advocate
                 For the State           :        Mr. Abhay Kumar Roy, 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 to the petitioner was rejected on merit vide

                   order dated 22.09.2025 passed in Cr. Misc. No. 65921 of 2025.

                                3. This application does not reveal any new facts and

                   circumstances for reconsideration of prayer for grant of

                   anticipatory bail to 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.90925 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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