JAI PRAKASH SINGHversusTHE STATE OF BIHAR & ANR. ETC.

                      [2012] 5 S.C.R. 1


                    JAi PRAKASH SINGH                              A
                               v.
           THE STATE OF BIHAR & ANR. ETC.
          (Criminal Appeal Nos. 525-526 of 2012)
                      MARCH 14, 2012
                                                                   B
 [DR. B.S. CHAUHAN AND JAGDISH SINGH KHEHAR,
                      JJ.]

       Code of Criminal Procedure, 1973 - s. 438 - Anticipatory
bail - Grant of - On facts, FIR registered against respondent      C
for commission of offence u/ss. 302134 /PC - FIR was iodged
promptly within two hours from the time of incident - Deceased
received multiple abrasions and five gun shot injuries - There
was a strong motive between the parties - High Court enlarged
the respondents on anticipatory bail - Sustainability of - Held:   o
Anticipatory bail can be granted only in exceptional
circumstances where the court is prima facie of the view that
the applicant has falsely been enroped in the crime and would
not misuse his liberty - High Court did not apply any of the
parameters laid down by the Supreme Court for grant of             E
anticipatory bail, and rather dealt with a very serious matter
in a most casual and cavalier manner - High Court ought to
have exercised its extra-ordinary jurisdiction considering the
nature and gravity of the offence and as the FIR had been
lodged spontaneously, its veracity is reliable - High Court did
not consider as to whether custodial interrogation was required    F
and also did not record any reason as to how the pre-requisite
condition incorporated in the statutory provision itself stood
fulfilled - Order de hors the grounds provided in s. 438 itself
suffers from non-application of mind - Thus, orders passed
by the High Court set aside.                                       G
    FIR - Promptness in filing - Object of - Effect on the
prosecution case - Stated.

                               1                                   H
    2        SUPREME COURT REPORTS            [2012} 5 S.C.R.


A      FIR was lodged against the respondents alleging
  commission of offences under Sections 302/34 IPC. It is
  alleged that the respondents opened indiscriminate firing
  at the deceased. The deceased received 5 bullet injuries
  on his person resulting in his death on the spot. 10-15
B days ago, the respondent had threatened the complainant
  to kill him and his brother on account of old dispute
  between the parties. The respondents applied for
  anticipatory bail. The Sessions Judge rejected the same.
  However, the High Court enlarged the respondents on
c anticipatory bail under Section 438 Cr.P.C. Therefore, the
  appellants filed the instant appeals.
        Disposing of the appeals, the Court
       HELD: 1.1 The FIR had been lodged promptly within
0 a period of two hours from the time of incident at
  midnight. Promptness in filing the FIR gives certain
  assurance of veracity of the version given by. the
  informant/complainant. A promptly lodged FIR reflects the
  first hand account of what has actually happened, and
E who was responsible for the offence in question. The FIR
  in criminal case is a vital and valuable piece of evidence
  though may not be substantive piece of evidence. The
  object of insisting upon prompt lodging of the FIR in
  respect of the commission of an offence is to obtain early
F information regarding the circumstances in which the
  crime was committed, the names of actual culprits and
  the part played by them as well as the names of eye-
  witnesses present at the scene of occurrence. If there is
  a delay in lodging the FIR, it looses the advantage of
  spontaneity, danger creeps in of the introduction of
G coloured version, exaggerated account or concocted
  story as a result of large number of consultations/
  deliberations. [Paras 11 and 12) [10-B-E]
        Thu/ia Kali v. The State of Tamil Nadu AIR 1973 SC 501:
H   1972 (3) SCR 622 ; State of Punjab v. Surja Ram AIR 1995
     JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.          3
                       ETC.
SC 2413: 1995 (2) Suppl. SCR 590; Girish Yadav and Ors.       A
v. State of MP. (1996) 8 SCC 186:1996 (3) SCR 1021; Takdir
Samsuddin Sheikh v. State of Gujarat and Anr. AIR 2012 SC
37 - relied on.
      1.2 There is no substantial difference between
Sections 438 and 439 Cr.P.C. so far as appreciation of the 8
case as to whether or not a bail is to be granted, is
concerned. However, neither anticipatory bail nor regular
bail can be granted as a matter of rule. The anticipatory
bail being an extra-ordinary privilege should be granted
only in exceptional cases. The judicial discretion C
conferred upon the court has to be properly exercised
after proper application of mind to decide whether it is a
fit case for grant of anticipatory bail. [Para 13) [10-G-H; 11-
A]
                                                              D
     State of M.P. and Anr. v. Ram Kishna Balothia and Anr.
AIR 1995 SC 198: 1995 (1) SCR 897; Siddharam
Satlingappa Mhetre v. State of Maharashtra and Ors. AIR
2011 SC 312: 2010 (15) SCR 201; Kartar Singh v. State of
Punjab (1994) 3 SCC 569; Narcotics Control Bureau v. Dilip    E
Prahlad Namade (2004) 3 SCC 619: 2004 (3) SCR 92 -
referred to.
     1.3 Parameters for grant of anticipatory bail in a
serious offence are required to be satisfied and further
while granting such relief, the court must record the F
reasons therefore. Anticipatory bail can be granted only
in exceptional circumstances where the court is prima
facie of the view that the applicant has falsely been
enroped in the crime and would not misuse his liberty.
[Para 18) [14-8-C]                                       G
      D.K. Ganesh Babu v. P. T. Manokaran & Ors. (2007) 4
SCC 434; 2007 (3) SCR 1; State of Maharashtra & Anr. v.
Mohd. Sajid Husain Mohd. S. Husain and Ors. (2008) 1 SCC
213: 2007 (10) SCR 995; Union of India v. Padam Narain
~qgar!'t::tl and Ors. (2008) 13 SCC 305: 2007 (3) SCR 1 -     H
    4        SUPREME COURT REPORTS              [2012] 5 S.C.R.

A relied on.
      1.4 The High Court did not apply any of the said
  parameters laid down by the Supreme Court, rather dealt
  with a very serious matter in a most casual and cavalier
  manner and showed undeserving and unwarranted
8
  sympathy towards the accused. The High Court erred in
  not considering the case in correct perspective and
  allowed the said applications on the grounds that in the
  FIR some old disputes had been referred to and the
C accused had fair antecedents. [Paras 19 and 20] [14-D-
  F]
         1.5 In the facts and circumstances of the case, it was
    not a fit case for grant of anticipatory bail. The High Court
    ought to have exercised its extraordinary jurisdiction
D   following the aforesaid parameters considering the nature
    and gravity of the offence and as the FIR had been lodged
    spontaneously, its veracity is reliable. The High Court
    very lightly brushed aside the fact that FIR had been
    lodged spontaneously and further did not record any
E   reason as how the pre-requisite conditions incorporated
    in the statutory provision itself stood fulfilled. Nor did the
    court consider as to whether custodial interrogation was
    required. The court may not exercise its discretion in
    derogation of established principles of law, rather it has
F   to be in strict adherence to them. Discretion has to be
    guided by law; duly governed by rule and cannot be
    arbitrary, fanciful or vague. The court must not yield to
    spasmodic sentiment to unregulated benevolence. The
    order dehors the grounds provided in Section 438 Cr.P.C.
G   itself suffers from non-application of mind and therefore,
    cannot be sustained in the eyes of law. [Para 21) [14-H;
    15-A-D]
       1.6 The impugned judgments and orders passed by
  the High Court are set aside. The anticipatory bail granted
H to the said respondents is cancelled. [Para 22) [15-E]
  JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.                    5
                    ETC.

                      Case Law Reference:                           A
     1972 (3) SCR 622             Relied on           Para 12

     1995 (2) Suppl. SCR 590 Relied on                Para 12

     1996 (3) SCR 1021            Relied on           Para 12
                                                                    B
      AIR 2012 SC 37              Relied on           Para 12

     1995 (1) SCR 897             Referred to         Para 14

     2010 (15) SCR 201            Referred to         Para 16
                                                                    c
     2004 (3 ) SCR 92             Referred to         Para 16

     (1994) 3 sec 569             Referred to         Para 16

     2007 (3) SCR 1               Relied on           Para 18

     2007 (10) SCR 995            Relied on           Para 18       D

     2007 (3) SCR 1               Relied on           Para 18
    CRIMINAL APPELLTAE JURISDICTION : Criminal Appeal
No. 525-526 of 2012.
                                                                    E
    From the Judgment & Order dated 19.9.2011 &
25.10.2011 of the High Court of Judicature at Patna in Crl. Misc.
Nos. 28318 & 33546 of 2011.
     Dvijendra Kr. Pandey, Amit Pawan for the Appellant.
                                                                    F
     Gopal Singh, Prerna Singh, Kavita Jha, Rajeev Kumar Jha,
S.P. Sharma for the Respondents.
    The Judgment of the Court was delivered by
    DR. S.S. CHAUHAN, J. 1. Leave granted.                          G
     2. These criminat appeals have been preferred against the
judgments and orders dated 19.9.2011 and 25.10.2011 passed
by the High Court of Judicature at Patna in Crl. Misc. Nos.
28318 and 33546 of 2011, by which the High Court has
                                                                    H
    6        SUPREME COURT REPORTS                  (2012] 5 S.C.R.


A   enlarged the respondents Rajesh Kumar Singh @ Pappu
    Singh and Sanjay Kumar Sfngh @ Mintu Singh on anticipatory
    bail under Section 438 of Code of Criminal Procedure, 1973
    (hereinafter referred as 'Cr.P.C.')

         3. Facts and circumstances giving rise to these appeals
8   are that:

          A. On 5.6.2011, the appellant Jai Prakash Singh lodged
    an FIR of Laheria Sarai Case No. 304 of 2011 under Sections
    302/34 of Indian Penal Code, 1860 (hereinafter referred as
C   '1.P.C.'), alleging therein that the informant/complainant and his
    elder brother Shiv Prakash Singh were having a medicine shop
    for the last 2-3 years. On 5.6.2011 around 10.00 p.m., his
    brother closed the shop and proceeded towards his house on
    his motorcycle. He was chased by the aforesaid respondents
o   on a motorcycle and stopped. They opened indiscriminate firing
    and thus, he died on the spot. In the FIR, it was also alleged
    that the said respondents had threatened the complainant to
    kill him and his brother 10-15 days ago as there had been
    some old dispute of accounts between the parties.
E        B. As per the post-mortem report, the deceased received
    5 bullet injuries on his person and he died because of the same.
    The said respondents had applied for anticipatory bail,
    however, their applications stood rejected by the learned
    Sessions Judge vide order dated 11.8.2011 observing that in
F   the investigation, a strong motive had been found against the
    said respondents and there were certain affidavits of eye-
    witnesses to the effect that the said respondents were the
    assailants.

G        C. Aggrieved, the said respondents filed Miscellaneous
    Criminal Petitions for grant of anticipatory bail under Section
    438 Cr.P.C. before the Patna High Court. The said applications
    have been allowed passing the impugned orders granting them
    anticipatory bail on the grounds that the FIR itself made it
H   evident that there was some previous dispute between the
  JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.                  7
           ETC. [DR. B.S. CHAUHAN, J.]
parties which led to a quarrel and the accused had fair            A
antecedents.

    Hence, these appeals.

     4. Shri Dvijendra Kumar Pandey, learned counsel
appearing for the appellant, has submitted that the High Court     B
committed grave error while granting anticipatory bail to the
said respondents without considering the gravity of the offence
and the manner in which the offence had been committed and
without realising that the FIR had been lodged promptly within
a period of two hours of the incident and both the said accused    C
persons had been named therein. Thus, the impugned
judgments and orders are liable to be set aside.

      5. On the contrary, Ms. Kavita Jha and Ms. Prerna Singh,
learned counsel appearing for the said respondents and the         0
State of Bihar, have opposed the appeals contending that the
High Court has imposed very serious conditions while granting
the anticipatory bail. The order does not require any
interference at this stage. The appeals have no merit and are
liable to be dismissed.
                                                                   E
     6. We have considered the rival submissions made by the
learned counsel appearing for the parties and perused the
record.

    7. The provisions of Section 438 Cr.P.C. lay down              F
guidelines for considering the anticipatory bail application,
which read as under:

    "438. Direction for grant of bail to person apprehending
    arrest.- (1) Where any person has reason to believe that
    he may be arrested on an accusation of having committed        G
    a non-bailable offence, he may apply to the High Court or
    the Court of Session for a direction under this section that
    in the event of such arrest, he shall be released on bail;
    and that court may, after taking into consideration, inter
    alia, the following factors, namely:-                          H
    8        SUPREME COURT REPORTS                  [2012] 5 S.C.R.


A       (i) The nature and gravity of the accusation;

        (ii) The antecedents of the applicant including the fact as
        to whether he has previously undergone imprisonment on
        conviction by a court in respect of any cognizable offence;

B       (iii) the possibility of the applicant to flee from justice; and

        (iv) where the accusation has been made with the object
        of injuring or humiliating the applicant by having him so
        arrested, either reject the application forthwith or issue an
~       interim order for the grant of anticipatory bail."

         8. In view of the above, it is mandatory on the part of the
    court to E!nsure the compliance of the pre-requisite conditions
    for grant of anticipatory bail including the nature and gravity of
    the accusation.
D
          9. Admittedly, the deceased had received several gun shot
    injuries. According to the post-mortem report, the following
    injuries were found on the person of the deceased:

        "A. Abrasions: (1) 1 1/4" x1/4" 1"- right and en_ter post of
E
        forehead (2) 1/4" x 1/4" 1/2 "x 1/4" and 1/2" X 1/10" in the
        lower 1/2 of the left leg (3) 1/4" x 1/4" right kneecap.

         B. Fire Arm injuries (1) entry wound 1/4 dia with inverted
         contused margins and abrasions. Collar placed on the
F        outer aspect of the right arm 2" proxical to elbow - passed
         thro' arms breaking the bone into pieces and lacerating
         the to come out thro' exit wound 1/3" x 1/9" with even in
         the middle and inner portion of arm. Another entry wound,
         1/5" in dia with abrasion collar, inverted margin and
G        tattooing around (1-1/2 "x 1-1/2") was also present 1"
         distal to the preventing entry wound and come out through
         the same exit wound.

         (2) Entry wound - 1/4 "dia with inverted contused margin
         an abrasion collar in right anterior axillary line 5" below
H
  JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.                      9
           ETC. [DR. B.S. CHAUHAN, J.]

     nipple - right 8th intercortal space- right lobe of liver mes     A
     entry- small intestine at one place - came out through exit
     wound 1/3" in dia in lower left iliac fosa in the axilary line
     with inverted margin.

     (3) Entry wound 1/4" dia with contused inverted margins           8
     and abrasion collar placed in the left iliac fosa- color at one
     place-small intestine at one place- came out this exit would
     >" x 1/2" on right abdominal flank with everted margin, in
     anterior oscillary line 9" bellow nipple.

     (4) Entry would 1/3" in dia with contused inverted margin         C
     and abrasion collar over upper and inner part of left and
     soft tissue of the arm to came out through the exit wound
     1/3" in dia with everted margin on the back of left arm 3"
     above (proximal) elbow.
                                                                       D
    (5) Entry wound 1/4" in dia on the back of abdomen 4"
    outer to midline at T12 level, with inverted and contused
    margins and abrasions collar mesentry large intestine at
    one place exit through a wound 1/4" dia with inverted
    margin in the hand.
                                                                       E
    Along the tracks, the. tissue were lacerated. Fluid blood
    red clots were seen inside abdominal cavity about 1000
    cc in volume. Organs appeared pale. Both sides of the
    heart were partially full and the urinary bladder was found
    full. Stomach contained about 20 cc food without alcoholic         F
    smell. Skull and brain showed nothing particular.

    Opinion Death resulted from hemorrhage and both due to
    fire arm injuries mentioned above."

    10. The learned Sessions Judge did not consider it proper          G
to grant anticipatory bail, rather rejected the same after
considering the submissions made on behalf of the said
accused persons observing that the court had perused the
Case Diary, para 90 of which revealed a very strong motive.
                                                                       H
    10       SUPREME COURT REPORTS                [2012] 5 S.C.R.


A There was material against the said accused in the case diary.
  The deceased had received multiple abrasions and 5 gun shot
  injuries, thus, it was not a fit case to enlarge the accused on
  anticipatory bail.

         11. Admittedly, the FIR had been lodged promptly within
8
    a period of two hours from the time of incident at midnight.
    Promptness in filing the FIR gives certain assurance of veracity
    of the version given by the informant/complainant.

         12. The FIR in criminal case is a vital and valuable piece
C   of evidence though may not be substantive piece of evidence.
    The object of insisting upon prompt lodging of the FIR in respect
    of the commission of an offence is to obtain early information
    regarding the circumstances in which the crime was committed,
    the names of actual culprits and the part played by them as well
D   as the names of eye- witnesses present at the scene of
    occurrence. If there is a delay in lodging the FIR, it looses the
    advantage of spontaneity, danger creeps in of the introduction
    of coloured version, exaggerated account or concocted story
    as a result of large number of consultations/deliberations.
E   Undoubtedly, the promptness in lodging the FIR is an assurance
    regarding truth of the informant's version. A promptly lodged FIR
    reflects the first hand account of what has actually happened,
    and who was responsible for the offence in question. (Vide:
     Thulia Kali v. The State of Tamil Nadu, AIR 1973 SC 501;
F   State of Punjab v. Surja Ram, AIR 1995 SC 2413; Girish
     Yadav & Ors. v. State of M.P., (1996) 8 SCC 186; and Takdir
    Samsuddin Sheikh v. State of Gujarat & Anr., AIR 2012 SC
    37).
        13. There is no substantial difference between Sections
G 438 and 439· Cr.P.C. so far as appreciation of the case as to
  whether or not a bail is to be granted, is concerned. However,
  neither anticipatory bail nor regular bail can be granted as a
  matter of rule. The anticipatory bail being an extraordinary
  privilege should be granted only in exceptional cases. The
H judicial discretion conferred upon the court has to be properly
  JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.                  11
           ETC. [DR. B.S. CHAUHAN, J.]
exercised after proper application of mind to decide whether        A
it is a fit case for grant of anticipatory bail.

      14. In State of M.P. & Anr. v. Ram Kishna Balothia & Anr.,
AIR 1995 SC 1198, this Court considered the nature of the right
of anticipatory bail and observed as under: "We find it difficult
                                                                    8
to accept the contention that Section 438 of the Code of
Criminal Procedure is an integral part of Article 21. In the first
place, there was no provision similar to Section 438 in the old
Criminal Procedure Code ..... Also anticipatory bail cannot be
granted as a matter of right. It is essentially a statutory right
conferred long after the coming into force of the Constitution. It ·C
cannot be considered as an essential ingredient of Article 21
of the Constitution. And its non-application to a certain special
category of offences cannot be considered as violative of
Article 21 ."
                                                                    D
     15. While deciding the aforesaid cases, this Court referred
to the 41 st Report of the Indian Law Commission dated 24th
September, 1969 recommending the introduction of a provision
for grant of anticipatory bail wherein it has been observed that
"power to grant anticipatory bail should be exercised in very       E
exceptional cases".

      16. Ms. Kavita Jha, learned counsel appearing for the
accused/respondents has vehemently advanced the arguments
on the concept of life and liberty enshrined in Article 21 of the
Constitution of India placing a very heavy reliance on the          F
observations made by this Court in Siddharam Sat/ingappa
Mhetre v. State of Maharashtra and Ors., AIR 2011 SC 312,
and submitted that unless the custodial interrogation is
warranted in the facts and circumstances of the case, not
granting anticipatory bail amounts to denial of the rights          G
conferred upon a citizen/person under Article 21 of the
Constitution. We are afraid the law as referred to hereinabove
does not support the case as canvassed by learned counsel
for the accused-respondents. More so, the Constitution Bench
of this Court in Kartar Singh v. State of Punjab, (1994) 3 SCC      H
     12       SUPREME COURT REPORTS                  [2012] 5 S.C.R.


1A   569, while summing up the law in para 368, inter-alia, held as
     under:

          "Section 20(7) of the TADA Act excluding the application
          of Section 438 of the Code of Criminal Procedure in
          relation to any case under the Act and the Rules made
B
          thereunder, cannot be said to have deprived the personal
          liberty of a person as enshrined in Article 21 of the
          Constitution."

     (See also: Narcotics Control Bureau v. Dilip Prah/ad Namade
c    (2004) 3 sec 619).

         Therefore, we are not impressed by the submissions so
     advanced by learned counsel for the accused-respondents.

       17. This Court in Siddharam Satlingappa Mhetre (supra)
D after considering the earlier judgments of this Court laid down
  certain factors and parameters to be considered while
  considering application for anticipatory bail :

          "122. The following factors and parameters can be taken
E         into consideration while dealing with the anticipatory bail:

          i. The nature and gravity of the accusation and the exact
          role of the accused must be properly comprehended
          before arrest is made;
F         ii. The antecedents of the applicant including the fact as
          to whether the accused has previously undergone
          imprisonment on conviction by a Court in respect of any
          cognizable offence;

G         iii. The possibility of the applicant to flee from justice;

          iv. The possibility of the accused's likelihood to repeat
          similar or the other offences.

          v. Where the accusations have been made only with the
H
JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.                   13
         ETC. [DR. B.S. CHAUHAN, J.]
  object of injuring or humiliating the applicant by arresting     A
  him or her.

  vi. Impact of grant of anticipatory bail particularly in cases
  of large magnitude affecting a very large number of people.

  vii. The courts must evaluate the entire available material      B
  against the accused very carefully. The court must also
  clearly comprehend the exact role of the accused in the
  case. The cases in which accused is implicated with the
  help of sections 34 and 149 of the Indian Penal Code, the
  court should consider with even greater care and caution         C
  because over-implication in the cases is a matter of
  common knowledge and concern;

  viii. While considering the prayer for grant of anticipatory
  bail, a balance has to be struck between two factors             0
  namely, no prejudice should be caused to the free, fair and
  full investigation and there should be prevention of
  harassment, humiliation and unjustified detention of the
  accused;

  ix. The court to consider reasonable apprehension of             E
  tampering of the witness or apprehension of threat to the
  complainant;

  x. Frivolity in prosecution should always be considered and
  it is only the element of genuineness that shall have to be      F
  considered in the matter of grant of bail and in the event
  of there being some doubt as to the genuineness of the
  prosecution, in the normal course of events, the accused
  is entitled to an order of bail.

 123. The arrest should be the last option and it should be        G
 restricted to those exceptional cases where arresting the
 accused is imperative in the facts and circumstances of
 that case.

  124. The court must carefully examine the entire available       H
    14        SUPREME COURT REPORTS                 [2012] 5 S.C.R.


A        record and particularly the allegations which have been
         directly attributed to the accused and these allegations are
         corroborated by other material and circumstances on
         record."

8       18. Parameters for grant of anticipatory bail in a serious
  offence are required to be satisfied and further while granting
  such relief, the court must record the reasons therefore.
  Anticipatory bail can be granted only in exceptional
  circumstances where the court is prima facie of the view that
C the applicant has falsely been enroped in the crime and would
  not misuse his liberty. (See: D.K. Ganesh Babu v. P. T.
  Manokaran & Ors., (2007) 4 SCC 434; State of Maharashtra
  & Anr. v. Mohd. Sajid Husain Mohd. S. Husain & Ors., (2008)
  1 SCC 213; and Union of India v. Padam Narain Aggarwal &
  Ors., (2008) 13    sec  305).
D
        19. The case at hand, if considered in the light of aforesaid
  settled legal proposition, we reach an inescapable conclusion
  that the High Court did not apply any of the aforesaid
  parameters, rather dealt with a very serious matter in a most
E casual and cavalier manner and showed undeserving and
  unwarranted sympathy towards the accused.

       20. The High Court erred in not considering the case in
  correct perspective and allowed the said applications on the
  grounds that in the FIR some old disputes had been referred
F to and the accused had fair antecedents. The relevant part of
  the High Court judgment impugned before us reads as under:

         "Considering that the only allegation in the First Information
         Report is that there was previously some dispute between
G        the deceased and the petitioner and they had quarrelled
         on account of the same, let the petitioner above named,
         who has fair antecedents, be releaseid on anticipatory
         bail ........ "

         21. In the facts and circumstances of this case, we are of
H
 JAi PRAKASH SINGH v. STATE OF BIHAR & ANR.                    15
          ETC. [DR. B.S. CHAUHAN, J.]
the considered opinion that it was not a fit case for grant of       A
anticipatory bail. The High Court ought to have exercised its
extraordinary jurisdiction following the parameters laid down by
this Court in above referred to judicial pronouncements,
considering the nature and gravity of the offence and as the FIR
had been lodged spontaneously, its veracity is reliable. The High    B
Court has very lightly brushed aside the fact that FIR had been
lodged spontaneously and further did not record any reason as
how the pre-requisite conditions incorporated in the statutory
provision itself stood fulfilled. Nor did the court consider as to
whether custodial interrogation was required.                        c
     The court may not exercise its discretion in derogation of
established principles of law, rather it has to be in strict
adherence to them. Discretion has to be guided by law; duly
governed by rule and cannot be arbitrary, fanciful or vague. The
court must not yield to spasmodic sentiment to unregulated           D
benevolence. The order dehors the grounds provided in Section
438 Cr.P.C. itself suffers from non- application of mind and
therefore, cannot be sustained in the eyes of law.
     22. The impugned judgments and orders dated 19.9.2011           E
and 25.10.2011 passed by the High Court of Judicature at
Patna in Crl. Misc. Nos.28318 and 33546 of 2011 are, thus,
set aside. The anticipatory bail granted to the said respondents
is cancelled. Needless to say that in case the said respondents
apply for regular bail, the same would be considered in
                                                                     F
accordance with law. With the aforesaid observations, appeals
stand disposed of.
N.J.                                      Appeals disposed of.