SHAHRUKH KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Mr. Umeshanand Pandit, learned A.P.P. for the State.

(2.) This is second anticipatory bail petition. Earlier the petition, filed for grant of anticipatory bail on behalf of petitioners, stood dismissed, vide order dtd. 18/9/2023 passed in Cr.Misc. No. 45609 of 2023 (Annexure 1).

(3.) Learned counsel for the petitioners submits that earlier, the petition filed for grant of anticipatory bail was rejected on the submission made by learned A.P.P. for the State that process of Sec. 82/83 Cr.P.C. has been initiated against petitioners and as such, anticipatory bail is not maintainable, however, it is an error of record. In fact, the learned Court below has only ordered to initiate the process of Sec. 82 Cr.P.C., but till date, it has not been issued. This fact has been stated in paragraph - 16 of the bail petition.