Hari Lal Agrawal, J.

Both the cases having been referred to a Division Bench by Brother N.P. Singh, have been listed before us and have been heard together as the question of law in them is common, namely as to whether an application for anticipatory bail under section 438 of the Code of Criminal Procedure (for short 'the Code') by an accused of the offence under section 7 of the Essential Commodities Act, should be filed before the 'Special Court' constituted under section 12A of the Essential Commodities Act, 1955 (for brevity 'the F.C. Act') or before the regular 'Court of Session' as provided under section 438 of the Code.

2. The petitioners of both the cases had applied for grant of anticipatory bail before the learned Sessions Judge of Gaya, who took the view that he, had no jurisdiction to hear the applications when Special Court had been established for this purpose.

3. When the cases were listed before Brother Singh be referred them to a Division Bench and accordingly the same have been beard by us.

4. Before I proceed to discuss the question, I may point out this question has been answered differently by two learned Judges of this Court. Whereas Uday Sinha, J. in the