BHARAT CHAUDHARY vs STATE OF BIHAR

The Supreme Court held that Section 438 of the Criminal Procedure Code (Crl. P.C.) allows for anticipatory bail even after cognizance has been taken by a competent court. The Court clarified that the intention of the legislature was to prevent undue harassment of accused persons, and the taking of cognizance or filing of a charge sheet does not prohibit the grant of anticipatory bail. The Court granted anticipatory bail to the appellants, emphasizing that the gravity of the offence and the need for custodial interrogation are factors to consider, but do not restrict the power to grant bail under Section 438.