(1.) Leave granted. This appeal is directed against the order dtd. 4/4/2023 in CRLM No.67668 of 2022 passed by the High Court of Judicature at Patna whereby and whereunder the application for anticipatory bail filed by the appellant was dismissed. The pre-arrest bail application was moved in connection with FIR No.79 of 2020, registered against him and co-accused at Govidganj, Police Station, District East Champaran, Bihar, under Ss. 341, 323, 354, 354 (B), 379, 504, 506 and 149 of the Indian Penal Code, 1860 (for short, 'IPC') and Sec. 3/4 of Prevention of Witch (Daain) Practices Act, 1999 (for short, 'the Daain Act').
(2.) Heard, Mr. Basant R., learned Senior Counsel for the appellants and Mr. Anshul Narayan, learned counsel for the respondent-State.
(3.) The question of seminal importance that arises for consideration can better be explained and understood by referring to a decision of this Court in Prem Shankar Prasad v. State of Bihar and Anr,(2022) 14 SCC 516 which was rendered after referring to the earlier decisions of this Court in State of Madhya Pradesh v. Pradeep Sharma,(2014) 2 SCC 171 and Lavesh v. State (NCT of Delhi),(2012) 8 SCC 730. In Lavesh's case (supra), this Court held in paragraph 12 thus: -