Shyambihari Prasad vs The State Of Bihar

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.5175/2025 [Arising out of SLP (Crl.) No.14242/2025]

SHYAMBIHARI PRASAD APPELLANT

VERSUS

THE STATE OF BIHAR RESPONDENT

ORDER

1. Leave granted.

2. The High Court of Judicature at Patna, by the

impugned judgment and order dated 09th July, 2025,

has rejected the appellant’s prayer for bail in

anticipation of arrest.

3. The appellant figures as an accused in FIR

No.5137004230874 of 2023 dated 09th December,

2023 registered at Police Station Town (Aurangabad

Nagar), District Aurangabad under Sections 420 of the

Indian Penal Code, 1860, and Section 10 of the Bihar

Conduct of Examinations Act, 1981.

4. It appears that charges are yet to be framed Signature Not Verified Digitally signed by rashmi dhyani pant Date: 2025.12.04 17:04:29 IST Reason: Crl. Appeal @ SLP (Crl.) No. 14242/2025 1 against the appellant despite police report (charge-

sheet) under Section 173(2) of the Code of Criminal

Procedure, 1973, having been filed upon completion

of investigation.

5. We have heard learned counsel appearing for the

parties.

6. It is not in dispute that the appellant has joined

investigation in terms of the earlier order of this Court.

The charge-sheet has also been filed.

7. In such view of the matter and coupled with the

nature of allegations, we are of the opinion that the

appeal deserves acceptance and the appellant may

be admitted to an order for release on bail in

anticipation of arrest.

8. Accordingly, we set aside the impugned judgment

and order.

9. It is directed that in the event of the appellant

being arrested, he shall be released on bail on terms

and conditions to be fixed by the trial court.

10. Needless to observe, the appellant shall not,

Crl. Appeal @ SLP (Crl.) No. 14242/2025 2 directly or indirectly, by making inducement, threat or

promise, dissuade any person acquainted with the

facts of the case from disclosing such facts to any

police officer or to the court.

11. We clarify that the observations made in this

order and grant of bail to the appellant in anticipation

of arrest will not be treated as findings on the merits

of the case.

12. The appeal is, accordingly, allowed on the

aforesaid terms.

13. Pending application(s), if any, stand disposed of.

...........................................J. (DIPANKAR DATTA)

.............................................J. (AUGUSTINE GEORGE MASIH) New Delhi;

December 03, 2025.

Crl. Appeal @ SLP (Crl.) No. 14242/2025 3 ITEM NO.11 COURT NO.8 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).14242/2025

[Arising out of impugned final judgment and order dated 09-07-2025 in CRM No. 14709/2025 passed by the High Court of Judicature at Patna]

SHYAMBIHARI PRASAD Petitioner

VERSUS

THE STATE OF BIHAR Respondent

I.A. No.229823/2025-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT I.A. No.229824/2025-EXEMPTION FROM FILING O.T.

Date : 03-12-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s) :Mr. Raja Choudhary, Adv.

Mr. Anushika Mishra, Adv.

Mr. Kapil Kumar Sharma, Adv. Mr. Rajesh Singh Chauhan, AOR

For Respondent(s) :Mr. Azmat Hayat Amanullah, AOR Ms. Rebecca Mishra, Adv.

Crl. Appeal @ SLP (Crl.) No. 14242/2025 4 UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeal is allowed in terms of the signed order.

3. Pending application(s), if any, shall stand disposed of.

(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (signed order is placed on the file)

Crl. Appeal @ SLP (Crl.) No. 14242/2025 5