( 1 ) IN this reference, a Division Bench of this court wanted specific observation as to whether section 438 of the Code of Criminal Procedure 1973 (hereinafter referred to as code) empowers to grant anticipatory bail by any High Court or Court of Sessions within the country irrespective of the place of commission of an offence. Subsequently, a batch of application under section 438 of the Code had been filed for grant of anticipatory bail. Therefore, all these matters were taken up together for consideration since they raised a common question of law looking to different views taken by this High Court in two Division Bench Judgments and also by a Full Bench Judgment of the Patna High Court. Therefore, they referred to a larger Bench since the view of the Hon'ble Judges was not uniform.

( 2 ) THE factual matrix giving rise to the application for anticipatory bail in C. R. M. 152 of 1998 deserves brief narration.

( 3 ) THE petitioner herein is a business man in an Iron Factory having its branch outside this state and he has been dealing with business as Iron Merchant. On 12th September, 1997 at about 2-30 P. M. in the afternoon, few persons visited the residence