IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO.15202/2024)

NIRANJAN YADAV @ NIRANJAN KUMAR APPELLANT VERSUS THE STATE OF BIHAR RESPONDENT

O R D E R

1. Leave granted.

2. The appellant has been granted pre-arrest bail by the High Court but with a condition that once a chargesheet is filed, he will surrender.

3. Chargesheet is filed normally after the completion of investigation. Therefore, there seems to be no necessity for custody after the submission of the chargesheet so as to take away the benefit of bail.

4. In the case at hand, chargesheet has already been filed, meaning thereby, that the investigation is complete.

5. Therefore, in the facts and circumstances, we are of the opinion that the High Court was not justified in imposing such a condition that the bail order will lose its effect, once the chargesheet is submitted.

Signature Not Verified Digitally signed by geeta ahuja D 16a :t 5e 1: :62 50 92 I.5 S. T02.11 Accordingly, the condition so imposed in the bail order Reason:

is deleted and the direction to grant benefit of anticipatory bail to the appellant is upheld.

7. The appeal is allowed. Pending application(s), if any, shall stand disposed of.

8. The trial Court is directed to impose appropriate conditions for the grant of benefit of pre-arrest bail to the appellant commensurate to the offence alleged and the past antecedents of the appellant.

.......................J.

(PANKAJ MITHAL)

.......................J.

(S.V.N. BHATTI)

NEW DELHI

10^th FEBRUARY, 2025 GA ITEM NO.7 COURT NO.15 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). 15202/2024 [Arising out of impugned final judgment and order dated 02-08-2024 in CRLM No. 56363/2024 passed by the High Court of Judicature at Patna]

NIRANJAN YADAV @ NIRANJAN KUMAR Petitioner(s)

VERSUS THE STATE OF BIHAR Respondent(s)

(IA No. 252747/2024 - EXEMPTION FROM FILING O.T.)

Date : 10-02-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Kumar Parimal, Adv.

Mr. Pankaj Prakash, Adv.

Mr. Smarhar Singh, AOR For Respondent(s) Mr. Anshul Narayan, Adv.

Mr. Prem Prakash, AOR Mr. Amit Pratap Shaunak, Adv.

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.

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

(Ram Subhag Singh) (Geeta Ahuja)

Assistant Registrar Assistant Registrar-cum-PS (Signed Order is placed on the file)