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DINESH CHANDRA MISHRA v. THE STATE OF BIHAR

Supreme Court of India | Diary 41894/2025

Status

Order

Decided On

2025-12-19

Bench

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

Petitioner

DINESH CHANDRA MISHRA

Respondent

THE STATE OF BIHAR

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. OF 2025 [arising out of SLP (Crl.) No. 11441 OF 2025]

DINESH CHANDRA MISHRA APPELLANT

VERSUS

STATE OF BIHAR RESPONDENT

O R D E R

1. Leave granted.

2. The High Court of Judicature at Patna by the impugned judgment

and order dated 9th July, 2025 has rejected the appellant’s prayer for

bail in anticipation of arrest

3. The appellant figures as an accused in FIR No. 5139036240673

dated 18.09.2024 registered with Police Station-Gopalganj, Bihar. It is

alleged in the FIR that the appellant has committed offence(s)

punishable under Section(s) 318(2), 316(5), 336(3), 338, 340(2) and

3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

4. We have heard learned counsel appearing for the appellant as well

as the respondent.

2

5. It is not in dispute that the appellant has joined the investigation

and that co-accused has been granted bail by this Court by order dated

24.11.2025 in SLP(Crl.) No. 10893 of 2025. In such view of the matter,

we are of the considered opinion that custodial interrogation of the

appellant is not necessary and that there is sufficient ground for the

appellant to be admitted to an order for grant of bail in anticipation of

arrest.

6. Accordingly, the impugned judgment and order stands set aside.

7. It is d...

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