KUSHESHWAR PRASAD SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The short point, which has to be answered in this case, is:

(2.) Learned counsel appearing on behalf of the parties have submitted that this point has not been decided by this Court up -till now and, therefore, it will be our earnest endeavour to do so, considering the importance of the point involved and the question posed to us. Mr. Rana Pratap Singh No. 2, learned counsel appearing on behalf of the petitioner, has submitted that the power to grant anticipatory bail has been given to the High Court and also to the court of sessions and the power, being concurrent, can be exercised by both. He has, further, submitted that even if an application has been rejected by the Sessions Judge it. is open to this Court to entertain the application and grant relief and, in this connection, he has referred to some of the provisions of the Code of Criminal Procedure (hereinafter referred to as the 'Code') which I shall deal with separately. Learned counsel appearing on behalf of the State has submitted that the power to grant anticipatory bail is extra ordinary power and a person having taken a chance before a Sessions Judge he cannot move this Court again for the same relief. In other words, according to the learned counsel, such application will be barred. Now, I propose to consider their submission in detail.

(3.) The power to grant anticipatory bail was not under the old Code and has been introduced for the first time in the statute book by the New Code of 1973 (Act II of 1974). The Law Commission of India, in its 41st report dated 24.9.1969, made the following recommendation: