Bharat Chaudhary & Anr vs State Of Bihar & Anr

The Supreme Court held that Section 438 of the Criminal Procedure Code (Cr.P.C.) allows for anticipatory bail even after cognizance has been taken by a competent court, rejecting the argument that such a situation precludes the exercise of this power. The Court emphasized that the intention of the legislature was to prevent undue harassment of accused persons and that the gravity of the offence and need for custodial interrogation are factors to consider, but do not restrict the granting of anticipatory bail. The Court granted anticipatory bail to the appellants, overturning the High Court's rejection of their application.