Accused Already Released on Bail Cannot Seek Anticipatory Bail Again: Patna High Court

The Patna High Court has dismissed an anticipatory bail petition filed by Mainuddin Mansoori in connection with Gaura P.S. Case No. 54 of 2024, registered under Section 384 of the Indian Penal Code for extortion. The judgment was delivered by Justice Jitendra Kumar on September 25, 2026.

Mansoori had previously received anticipatory bail from the High Court on April 2, 2025, in the same case. However, the earlier order included a condition that his bail could be cancelled if he had knowingly concealed any criminal antecedents.

Criminal Antecedents and Bail Cancellation

According to the judgment, Mansoori had three criminal antecedents: Marhaura P.S. Case No. 425 of 2021, Marhaura Gaura P.S. Case No. 99 of 2022, and Complaint Case No. 2274 of 2021. He had inadvertently failed to mention the complaint case in his earlier bail petition.

Following this omission, the lower court cancelled his bail bond and issued a non-bailable warrant against him. Mansoori subsequently filed Criminal Revision No. 426 of 2025 before the Sessions Judge, Chhapra at Saran, challenging the cancellation. However, he withdrew the revision petition on January 6, 2026, and later approached the High Court again for anticipatory bail.

Court’s Observations

Mansoori’s counsel argued that the omission was inadvertent and neither intentional nor negligent. The court was also told that Mansoori was a government servant and could face difficulties in his service if taken into custody.

However, the State and the informant opposed the petition, arguing that anticipatory bail was not maintainable because Mansoori had already surrendered before the lower court and furnished a bail bond under the earlier order.

The High Court relied on Supreme Court judgments, including Manish Jain v. Haryana State Pollution Control Board and Niranjan Singh v. Prabhakar Rajaram Kharote, while explaining the legal position regarding custody.

The court observed, “The effect of granting bail is not to set the defendant (accused) at liberty but to release him from the custody of law and to entrust him to the custody of his sureties.”

Final Decision

The High Court held that once Mansoori had surrendered and been released on bail, he remained in the constructive custody of the court through his sureties. Therefore, his fresh anticipatory bail petition was not maintainable and was dismissed.

However, the court granted him two weeks to surrender before the lower court and apply for regular bail. It also requested the lower court to consider his regular bail application on the same day it was filed.

Case Details

Case Title: Mainuddin Mansoori vs The State of Bihar

Case Number: Criminal Miscellaneous No. 41585 of 2026

Judge or Bench: Justice Jitendra Kumar

Decision Date: September 25, 2026