Supreme Court Criticises Anticipatory Bail Condition That Accused Should Be Arrested After Filing Of Chargesheet

The Supreme Court recently disapproved of the Patna High Court's anticipatory bail order which imposed a condition that upon filing of the charge sheet, the trial court shall take coercive steps against the applicant, including an arrest.

The bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra called the imposition of such a condition to be unwarranted and instead, said that the High Court could have left it open for the trial court to take a call on taking coercive steps after the submission of the charge-sheet.

“the learned counsel for the petitioner is correct that 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.”, the court observed.

The bail condition was this :

" It is further made clear that if 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 learned trial court shall take all coercive steps to ensure that petitioner is behind bar."

Accordingly, the Court modified the impugned order directing the petitioner to appear before the trial court, within three weeks from the date of the order, which shall decide the question of bail based on the materials before it, without being influenced by the High Court's order.

Related - Investigating Officer Is Not Required To Arrest Each And Every Accused At The Time Of Filing Charge-sheet: Supreme Court

Case Title: RITESH KUMAR VERSUS THE STATE OF BIHAR

Citation : 2025 LiveLaw (SC) 326
Click here to read/download the order

Appearance:

For Petitioner(s) Mr. Kumar Parimal, Adv. Mr. Smarhar Singh, AOR

For Respondent(s) Mr. Anshul Narayan, Addl. Standing Counsel,Adv. Mr. Prem Prakash, AOR Mr. Amit Pratap Shaunak, Adv.