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Patna High Court

Shyamsundar Kumar @ Shyamsundar JaiswalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail subject to the conditions prescribed under Section 482(2).

Summary

The petitioner, Shyamsundar Kumar, applied for anticipatory bail in a case where 55.20 litres of foreign liquor were seized from land linked to his co-accused, Gabbar Jaiswal. The seizure was under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioner argued that he was falsely implicated based on a confession made by the co-accused while in police custody and that he has no prior criminal record. The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order is conditional upon the petitioner surrendering within six weeks to the lower court.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
  • Whether a confession of a co-accused made in police custody can alone justify denial of anticipatory bail.
  • Whether the petitioner’s lack of prior criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • Bhartiya Nagrik Suraksha Sanhita
  • foreign liquor seizure
  • false implication
  • co-accused confession
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34360 of 2026
                  Arising Out of PS. Case No.-390 Year-2026 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Shyamsundar Kumar @ Shyamsundar Jaiswal S/O Sri Gabbar Jaiswal @
                 Raju Ranjan Jaiswal Resident of Village - Prakash Nagar, Ward no. 12, P.S. -
                 Shikarpur, Dist. - West Champaran.
                                                                              ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharad Kumar Verma
                 For the Opposite Party/s :       Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application for anticipatory bail arises out

                   of Shikarpur P.S. Case No. 390 of 2026, registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Amendment Act.

                                   3. As per allegation, altogether 55.20 liters of

                   foreign liquor was recovered from the vacant land in the south

                   of house of the accused Gabbar Jaiswal @ Raju Ranjan Jaiswal.

                                   4. Learned counsel for the petitioner submitted that

                   the entire recoveries were made from co-accused Gabbar

                   Jaiswal @ Raju Ranjan Jaiswal. It has been further submitted

                   that the petitioner has been falsely implicated on the basis of

                   confessional statement of the co-accused made before the police
          Patna High Court CR. MISC. No.34360 of 2026(2) dt.18-05-2026
                                                      2/2




                    while in police custody. It has lastly been submitted that the

                    petitioner has got no criminal antecedent.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances, let the

                    petitioner above named, in the event of his arrest/surrender

                    within six weeks from today in the Court below, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Exclusive Special Excise Court-II, West Champaran

                    at Bettiah, in connection with Shikarpur P.S. Case No. 390 of

                    2026, subject to the conditions as laid down under Section

                    482(2) of the Bhartiya Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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