Patna High Court

Ganesh Rai @ Ganesh RayversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISMISSED
Bench: ALOK KUMAR SINHA

Holding

The second anticipatory bail petition is not maintainable and is dismissed.

Summary

Ganesh Rai filed a second anticipatory bail petition in the Patna High Court in connection with a 2021 case involving multiple IPC offences. The petitioner claimed innocence and argued that the earlier anticipatory bail application had been withdrawn, but asserted no new facts. The State opposed the bail, emphasizing the seriousness of the alleged offences. The Court observed that the petitioner had previously sought anticipatory bail, which was withdrawn, and that no change in circumstances was demonstrated. Consequently, the Court held the second anticipatory bail petition non‑maintainable and dismissed it, while directing that if the petitioner surrenders, a regular bail application may be considered by the lower court.

Issues considered

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

Legislation cited

Indian Penal Code — s. 323, 34, 341, 354, 379, 427, 435, 504, 506

Subjects

anticipatory bail
maintainability
change of circumstances
criminal procedure
IPC offences
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9617 of 2026
                        Arising Out of PS. Case No.-1016 Year-2021 Thana- MANER District- Patna
                 ======================================================
                 Ganesh Rai @ Ganesh Ray S/O Jata Rai @ Jay Ray Resident of Village-
                 Suarmarwa Purbi, P.S- Maner, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoranjan Kumar
                 For the Opposite Party/s :       Mr.Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Maner P.S. Case No. 1016 of 2021, registered for the

                   offences punishable under Sections 341, 323, 435, 354, 379,

                   504, 506, 427, 34 of IPC.

                                3. The is the second anticipatory bail petition filed by

                   the petitioner. Earlier, the anticipatory bail of the petitioner was

                   dismissed as withdrawn by a coordinate Bench of this Court

                   vide order dated 17.01.2023 in Cr. Misc. No. 64767 of 2022.

                                4. As per the prosecution case, the informant was

                   travelling in a Scorpio vehicle at night on 12.12.2021 due to a

                   medical emergency when several persons attacked her. They

                   pelted stones, forcibly pulled her out, set the vehicle on fire
Patna High Court CR. MISC. No.9617 of 2026(3) dt.01-04-2026
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          using kerosene, and some accused fired at the driver. The

          accused persons also snatched her gold chain and ₹2000.

                       5. The learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated. He is

          a person of clean antecedent. The allegation is general and

          omnibus.

                       6. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       7. Considering the fact that the petitioner had earlier

          approached this Court for anticipatory bail vide Cr. Misc. No.

          64767 of 2022 and the same was withdrawn, which is recorded

          in the order dated 17.11.2023 (Annexure-P/1), this second

          anticipatory bail application is not maintainable as no changed

          circumstances have been pointed out by the learned counsel for

          the petitioner.

                       8. The anticipatory bail application is accordingly

          dismissed as not maintainable.

                       9. However, if the petitioner surrenders before the

          learned court below within a period of six weeks from today and

          prays for regular bail, the learned court below shall consider the

          prayer of regular bail of the petitioner, preferably on the same

          day, without being prejudiced by this order and consider the fact
           Patna High Court CR. MISC. No.9617 of 2026(3) dt.01-04-2026
                                                       3/3




                     that some of the co-accused persons have been granted regular

                     bail by the learned court below and anticipatory bail by this

                     Hon’ble Court.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T

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