Patna High Court
Shyamsundar Kumar @ Shyamsundar JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
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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