Ritesh Kumar vs State Of Bihar - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 : Bharatiya Nagarik Suraksha Sanhita 2023- Section 482- Anticipatory Bail - 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 this case, the High Court observed if the charge-sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall lose its effect and the trial court shall take all coercive steps to ensure that petitioner is behind bar- Setting aside this observation, Supreme Court said: 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. (Para 3)