Patna High Court
Nagina Singh @ Nageena SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court rejected the second anticipatory bail application, holding that it would not entertain a fresh application after the petitioner had withdrawn the earlier one.
Summary
Nagina Singh applied for a second anticipatory bail after fearing arrest in a case (PS No. 244/2024) alleging assault under several IPC sections. He claimed he was falsely implicated, that the FIR was filed two days after the incident without explanation, and that the dispute stemmed from a land conflict with the informant, with a compromise already filed in the Additional Chief Judicial Magistrate's court. The petitioner argued that the matter should be reconsidered on these grounds. The court noted that the petitioner had previously withdrawn his first anticipatory bail application (Cr. Misc. No. 84433 of 2024) and was not inclined to entertain a fresh application on the same facts. Consequently, the second anticipatory bail application was rejected.
Issues considered
- Whether a second anticipatory bail application can be entertained after the petitioner withdrew a prior anticipatory bail application.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504, 506
Subjects
- anticipatory bail
- false implication
- land dispute
- compromise petition
- withdrawal of application
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9858 of 2026
Arising Out of PS. Case No.-244 Year-2024 Thana- KATEYA District- Gopalganj
======================================================
Nagina Singh @ Nageena Singh S/o Late Mangal Singh R/o Village - Rup
Poiya, P.S - Kateya, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha
For the Opposite Party/s : Mr.Ramchandra Sahni
Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 18-02-2026 1. Heard the parties.
2. This is second anticipatory bail application filed by the
petitioner who apprehends his arrest in connection with Kateya
P.S. Case No. 244 / 2024 dt: 25.06.2024 registered for the
offence under Section 341, 323, 324, 307, 504, 506, 34 of the
I.P.C.
3. As per the first information report the petitioner assaulted
the father of the informant on his head by means of ‘lathi’
leading to head injury.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in this inasmuch as he has not
committed any offence in the manner alleged. He further
submits that the occurrence took place on 23.06.2024 whereas
the F.I.R. was lodged after two days delay on 25.06.2024
Patna High Court CR. MISC. No.9858 of 2026(2) dt.18-02-2026
2/2
without any plausible explanation. He also submits that both the
parties are next door neighbours and there is admitted land
dispute between the parties. There is case and counter case
between the parties inasmuch as the petitioner has earlier lodged
Kateya P.S. Case No. 242 of 2024 against the informant’s
brother and others. He next submits that both the parties have
compromised the matter and a compromise petition has already
been filed in the court of learned Additional Chief Judicial
Magistrate-VI, Gopalganj.
5. Having considered the submissions advanced by the
petitioner, taking into account the fact that petitioner tried to
argue the matter afresh on certain grounds and this Court at the
time of hearing of first anticipatory bail application vide Cr.
Misc. No. 84433 of 2024 permitted the petitioner to withdraw
his application for anticipatory bail, as such, I am not inclined to
entertain the second anticipatory bail application filed by the
petitioner on certain grounds placed for the second time.
Accordingly, the same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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