Patna High Court
Deepak RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Deepak Rai, was arrested in connection with a 2018 case involving the alleged manufacture and possession of illicit liquor, charged under IPC sections 188, 420, 272, 273 and sections 30(a) & (d) of the Bihar Prohibition and Excise Act. He had been in custody since 19 August 2025 and his earlier bail application had been rejected. The petitioner argued that no incriminating article was found in his possession and that he was falsely implicated, contending that the trial had not even commenced. The State opposed bail, citing the seriousness of the offences. The Court, noting the lack of material evidence, the prolonged pre‑trial detention, and the fact that the trial was unlikely to conclude soon, granted regular bail on a bond of Rs.10,000 with two sureties and imposed conditions of regular appearance and non‑commission of further offences.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences charged.
- Whether the absence of incriminating material and the pending status of the trial justify bail.
- Whether the length of pre‑trial custody warrants the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
- Indian Penal Code — s. 188, 272, 273, 420
Subjects
- regular bail
- pre‑trial detention
- IPC
- Bihar Prohibition and Excise Act
- trial delay
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87114 of 2025
Arising Out of PS. Case No.-387 Year-2018 Thana- SONEPUR District- Saran
======================================================
Deepak Rai S/o Chandeshwar Rai R/o- Sabalpur, Chaharam, P.S.- Sonepur,
Distt. -- Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 03-04-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sonepur P.S. Case No.387 of 2018 for the offences registered
under Sections 188, 420, 272, 273 of the I.P.C. and Sections 30(a)
& (d) of the Bihar Prohibition and Excise Act.
3. Earlier the prayer for bail of the petitioner was
rejected by this Court vide order dated 15.10.2025 passed in Cr.
Misc. No.70534 of 2025.
4. As per the prosecution case, 5 litre country made
liquor alongwith other articles used for manufacturing liquor was
recovered and accused persons including the petitioner fled away
from the spot.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87114 of 2025(5) dt.03-04-2026
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petitioner is innocent and has falsely been implicated in this case.
He further submits that except suspicion, there is no material
against the petitioner. Learned counsel submits that no
incriminating article has been recovered from the conscious
possession and he has no concern with the alleged seized liquor.
He further submits that petitioner himself surrendered before the
learned Court concerned and he is in custody since 19.08.2025.
Learned counsel submits there is no possibility to conclude the
trial in near future. Petitioner undertakes to co-operate in the trial.
6. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
7. A report was called for regarding stage of trial of the
present case from the Court concerned which was received and as
per the said report, it appears that case is pending for police paper
and appearance. It also appears that the trial has not started and
the petitioner is in custody since 19.08.2025.
8. Considering the submissions made on behalf of the
parties, facts and circumstances of the case and the period of
custody already undergone by him as well as the fact that the trial
of the case is not likely to be concluded in near future, let the
petitioner, named above, be enlarged on bail upon furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned 2 nd Exclusive
Patna High Court CR. MISC. No.87114 of 2025(5) dt.03-04-2026
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Special Excise Judge, Saran at Chapra/ concerned Court in
connection with Sonepur P.S. Case No.387 of 2018 with following
conditions:-
(i) The petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the learned Trial Court itself;
(ii) The petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bond.
(Sunil Dutta Mishra, J)
Ritik/-
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