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Patna High Court

SHISHUPAL KUMAR @ SHISHUPAL RANJANversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioner, subject to a cash bond and specific monetary and procedural conditions.

Summary

Shishupal Kumar was arrested on 23 September 2025 in connection with a case of alleged misappropriation of government wheat (11,476 kg) and rice (15,632 kg) valued at Rs 6,59,317, charged under Sections 316(2), 318(4) and 303(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner, claiming a clean antecedent and false implication, applied for bail. The prosecution opposed the bail on the ground of the seriousness of the offences. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions including a demand draft of Rs 3 lakh to the informant, payment of the balance amount within six months, cooperation with the trial, and strict compliance with appearance requirements. The order also empowered the prosecution to move for cancellation of bail if the petitioner tampered with evidence or failed to meet the conditions. The bail order was directed to be implemented without delay for verification of the petitioner’s antecedents.

Issues considered

  • Whether bail should be granted to the accused under Sections 316(2), 318(4) and 303(2) of the Bharatiya Nyay Sanhita, 2023.
  • Whether the seriousness of the alleged misappropriation of government food grains justifies denial of bail.
  • Whether the court may impose monetary and procedural conditions as part of bail.

Legislation cited

Subjects

  • bail
  • misappropriation of government food grains
  • black marketing
  • Bharatiya Nyay Sanhita
  • criminal procedure
  • conditions of bail

Judgment

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CRIMINAL MISCELLANEOUS No.79300 of 2025
                    Arising Out of PS. Case No.-132 Year-2025 Thana- MANPUR District- Nalanda
               ======================================================
               SHISHUPAL KUMAR @ SHISHUPAL RANJAN S/O LATE JAGDISH PRASAD
               RESIDENT OF VILLAGE - DARIYAPUR, P.S.- MANPUR, DISTRICT -
               NALANDA, BIHAR                         ... ... Petitioner/s
                                               Versus
               THE STATE OF BIHAR                              ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     : Mr. Rakesh Kumar, Advocate
               For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                          ORAL ORDER

4 31-01-2026                  Heard Mr. Rakesh Kumar, learned counsel for the

               petitioner as well as Mr. Rajendra Nath Jha, learned Additional

               Public Prosecutor for the State.

                         2. Petitioner seeks bail who is in custody since

               23.09.2025 in connection with Maanpur P.S. Case No. 132 of

               2025, F.I.R. dated 21.08.2025 for the offences punishable under

               Sections 316(2), 318(4), 303(2) of the Bharatiya Nyay Sanhita,

               2023.

                         3. According to prosecution case, it is alleged that the

               petitioner misappropriated the government food grains which is

               Wheat of 11,476 kg and Rice of 15,632kg amounting to Rs. 6, 59,

               317/- and diverted them for unlawful gain, amounting to black-

               marketing and illegal disposal of essential commodities.

                         4. Learned counsel for the petitioner submits that

               petitioner has clean antecedent and he has falsely been implicated
Patna High Court CR. MISC. No.79300 of 2025(4) dt.31-01-2026
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       in the present case.

                   5. Learned counsel for the petitioner fairly submits on

       instructions that the petitioner is ready to deposit the aforesaid

       amount of wheat and rice which was sold by him.

                   6. The learned Additional Public Prosecutor has

       vehemently opposed the prayer for bail of the petitioner.

                   7. Considering the aforesaid facts and circumstances, let

       the petitioner, above named, 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 Sub-Divisional

       Judicial Magistrate, Biharsharif, Nalanda in connection with

       Maanpur P.S. Case No. 132 of 2025, subject to the following

       conditions:-

                   i. At the time of furnishing bail bond, the petitioner shall

       produce a demand draft of Rs. 3,00,000/- (Rupees three Lakh) in

       favour of the Informant (Block Supply Inspector) and learned

       court below is directed to handover the said demand draft to the

       Information or his representative and rest amount of Rs. 3,59,317/-

       (Rupees Three Lakh Fifty Nine Thousand Three Hundred and

       Seventeen) shall be paid to the informant within a period of six

       months. If the petitioner fails to deposit the rest amount of Rs.

       3,59,317/-(Rupees Three Lakh Fifty Nine Thousand Three
            Patna High Court CR. MISC. No.79300 of 2025(4) dt.31-01-2026
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                   Hundred and Seventeen) to the informant, the informant shall be at

                   liberty to move before the appropriate forum for cancellation of

                   bail bond of the petitioner and it is further directed that department

                   shall verify the rate of Rice and Wheat as per calculation chart.

                                ii. Petitioner shall co-operate in the trial and shall be

                   properly represented on each and every date fixed by the court

                   and shall remain physically present as directed by the court and

                   on his absence on two consecutive dates without sufficient

                   reason, his bail bond shall be cancelled by the Court below.

                                iii. If the petitioner tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                               iv. And further condition that the court below shall

                   verify the criminal antecedent of the petitioner and in case at any

                   stage it is found that the petitioner has concealed his criminal

                   antecedent, the court below shall take step for cancellation of bail

                   bond of the petitioner. However, the acceptance of bail bonds in

                   terms of the above-mentioned order shall not be delayed for

                   purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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