5 differences between Bail and Anticipatory Bail may

briefly be stated as follows:

(1) Provisions relating to bail are contained in Sections 436
and 437, Cr. P.C. whereas Section 438 deals with
anticipatory bail.
(2) The provisions relating to bail were contained in the old
Code of Criminal Procedure, 1898 also but there was no
provision for grant of anticipatory bail in the old Cr. P. C.
Therefore it is relatively a new concept incorporated in the
Code of Criminal Procedure, 1973.
(3) Bail may be granted to the accused by any Judicial
Magistrate or Court but anticipatory bail may be granted
only by the High Court or Sessions Court.
(4) Bail is a post arrest legal process, that is, it is granted
only after arrest of the person whereas anticipatory bail is a
pre-arrest legal process in anticipation of possibility of
arrest of a person.
(5) Bail is ordinarily granted as a matter of right in case of
bailable offence and it may also be granted in non-bailable
offences under Section 437, Cr. P. C. but power to grant
anticipatory bail is of an extra-ordinary character which is
to be used by the Court sparingly.