The present petition was originally filed with a complaint that arising from the self-same FIR, bail applications were filed separately by two accused persons and the one which was filed later was listed before the High Court of Patna and post-arrest bail was granted to him, but the petitioner who had filed the bail application earlier, his application was not listed and despite a request been made, his bail application could not be taken on board and that was the reason for which the petitioner approached this Court by filing petition under Article 32 of the Constitution. Para 1. The matter could have been disposed of in the light of the later development which has taken place, but this Court was of the view that the practice being followed needs to be revisited by the High Court, particularly, if more than one bail applications are filed by co-accused persons arising from the self-same FIR, it has to be listed ordinarily before the same Court to avoid any disparity in passing of the orders in the bail applications. Para 3. If more than one bail application is filed by co-accused persons arising from the self-same FIR, held, the same have to be listed ordinarily before the same court to avoid any disparity in passing of the orders in the bail applications. Held, we keep it open for the State Government to look into these guidelines and implement it with any amendment/modification, if required, for giving effect to the mandate of Section 41A of the Code of Criminal Procedure.
[Abhyanand Sharma v. State of Bihar, (2022) 10 SCC 819]