RITESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed by the petitioner being aggrieved by portion of the order impugned dtd. 31/8/2024, which reads as under:-

(2.) Learned counsel for the petitioner submits that such a condition of the petitioner being taken into custody upon submission of charge-sheet was not proper and has placed reliance upon the order of a Coordinate Bench of this Court dtd. 10/2/2025 passed in Criminal Appeal No.719 of 2025, which is also arising out of the same FIR.

(3.) Having considered the matter, we are of the firm opinion that whenever a Court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other. Thus, if a Court gives indulgence in one part, it is only in the background of what follows and how the Court balances the equities. In the present case, the Court after giving indulgence of granting anticipatory bail because at that point of time nothing serious had come against the petitioner; should then have left it open for the trial court to take a call on submission of charge-sheet. However, to this extent, the learned counsel for the petitioner is correct that there could not have been a specific direction that upon submission of charge-sheet, the Court shall take all coercive steps to ensure that the petitioner is behind bar. The Court could have just left it open for the trial court to consider the matter upon the petitioner appearing and then taking a call without there being any mandamus issued to take him into custody.