Patna High Court
SHISHUPAL KUMAR @ SHISHUPAL RANJANversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 303(2), 316(2), 318(4)
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
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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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