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Topic 040 · Law, Judiciary & Landmark Judgments

Pawan Khera case: anticipatory bail

10 MCQs · tap an option to check it · All answers

Revise the 12 points first Book 1 RATNA
  1. Core Trigger: On 1 May 2026 the Supreme Court granted Pawan Khera anticipatory bail, after reserving judgment on 30 April.
  2. Case Path: Telangana High Court gave transit bail 10 April; the Supreme Court stayed it 15 April; Gauhati High Court refused bail 24 April.
  3. Current Head: Justices J.K. Maheshwari and Atul S. Chandurkar headed the Bench.
  4. Key Term: Transit anticipatory bail protects an accused briefly while approaching the competent court in another State.
  5. Bail Conditions: Khera must cooperate, appear before the investigating officer and not leave India without leave.
  6. FIR Sections: Guwahati Case No. 04 of 2026 invokes BNS sections 318, 336(4), 340, 356 and 61(2).
  7. Court's Holding: The High Court wrongly shifted the burden onto the accused; custodial interrogation was not shown necessary.
  8. Forum: Under BNSS section 482, anticipatory bail lies only before a High Court or Court of Session.
  9. Founded: Section 438 entered the CrPC, 1973 on the Law Commission's 41st Report (1969); BNSS section 482 replaced it in 2024.
  10. Landmark: Gurbaksh Singh Sibbia v. State of Punjab (1980): a Constitution Bench read section 438 with Article 21.
  11. Statute: BNSS section 482(2) permits conditions; section 482(4) bars bail for BNS sections 65 and 70(2).
  12. Doctrine: Sushila Aggarwal (29 January 2020): a five-judge Bench held anticipatory bail need not be for a fixed period.
Question 1 of 10

On what date did the Supreme Court grant Pawan Khera anticipatory bail?

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Answer: (D) 1 May 2026

Core Trigger: On 1 May 2026 the Supreme Court granted Pawan Khera anticipatory bail, after reserving judgment on 30 April.From Book 1 RATNA, topic 040, point 1

Question 2 of 10

Which court refused Pawan Khera bail on 24 April 2026?

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Answer: (D) Gauhati High Court

Case Path: Telangana High Court gave transit bail 10 April; the Supreme Court stayed it 15 April; Gauhati High Court refused bail 24 April.From Book 1 RATNA, topic 040, point 2

Question 3 of 10

Which pair of Justices headed the Bench that granted Khera anticipatory bail?

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Answer: (D) J.K. Maheshwari and Atul S. Chandurkar

Current Head: Justices J.K. Maheshwari and Atul S. Chandurkar headed the Bench.From Book 1 RATNA, topic 040, point 3

Question 4 of 10

Transit anticipatory bail protects an accused briefly while he:

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Answer: (A) Approaches the court in another State

Key Term: Transit anticipatory bail protects an accused briefly while approaching the competent court in another State.From Book 1 RATNA, topic 040, point 4

Question 5 of 10

Consider: 1. Khera must appear before the investigating officer. 2. Khera may leave India without leave of court. Which is/are correct?

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Answer: (A) Only 1

Bail Conditions: Khera must cooperate, appear before the investigating officer and not leave India without leave.From Book 1 RATNA, topic 040, point 5

Question 6 of 10

Guwahati Case No. 04 of 2026 against Khera invokes sections of which Act?

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Answer: (C) Bharatiya Nyaya Sanhita

FIR Sections: Guwahati Case No. 04 of 2026 invokes BNS sections 318, 336(4), 340, 356 and 61(2).From Book 1 RATNA, topic 040, point 6

Question 7 of 10

Under BNSS section 482, anticipatory bail lies only before which courts?

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Answer: (C) High Court or Court of Session

Forum: Under BNSS section 482, anticipatory bail lies only before a High Court or Court of Session.From Book 1 RATNA, topic 040, point 8

Question 8 of 10

Section 438 entered the CrPC, 1973 on the recommendation of which Law Commission Report?

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Answer: (D) 41st Report

Founded: Section 438 entered the CrPC, 1973 on the Law Commission's 41st Report (1969); BNSS section 482 replaced it in 2024.From Book 1 RATNA, topic 040, point 9

Question 9 of 10

In Gurbaksh Singh Sibbia v. State of Punjab (1980), a Constitution Bench read section 438 with which Article?

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Answer: (B) Article 21

Landmark: Gurbaksh Singh Sibbia v. State of Punjab (1980): a Constitution Bench read section 438 with Article 21.From Book 1 RATNA, topic 040, point 10

Question 10 of 10

Consider: 1. BNSS section 482(2) permits conditions. 2. BNSS section 482(4) bars bail for BNS sections 65 and 70(2). Which is/are correct?

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Answer: (C) Both 1 and 2

Statute: BNSS section 482(2) permits conditions; section 482(4) bars bail for BNS sections 65 and 70(2).From Book 1 RATNA, topic 040, point 11

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