S.K. JHA, J.

1. The question raised in the application is a matter of first impression relating to the true construction of the provisions of Section 438(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). The petitioner is the first informant having lodged a first information report at Kesaria Police Station making allegations and accusations of various offences under Sections 147, 148, 149, 302 and 379 of the Indian Penal Code against Sheikh Mukhtar, opposite party no. 2. The aforesaid accused-opposite party no. 2 filed a petition for grant of an anticipatory bail under Section 438 of the Code and on the 10.4.1974 the learned Sessions Judge, Motihari passed an ORDER :directing that in the event of the aforesaid accused being arrested in the case, he shall be released on bail of Rs. 3000/- with two sureties of the like amount each. The aforesaid ORDER :was also made conditional with directions attached thereto that the accused-opposite party no. 2 would make himself available for interrogation by the police officer, as and when required, that he would not directly or indirectly, make any inducement or threat to any person so as to dissuade hi