Patna High Court
Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Deepak Kumar Singh, a PDS dealer, was arrested on charges under Sections 316(2) and 318(4) of the B.N.S., 2023 and Section 7 of the E.C. Act, 1955 for alleged irregularities in the distribution of subsidised foodgrains. The FIR was lodged 142 days after the alleged incident, and the petitioner argued that the delay was unexplained and that the evidence relied on an e‑POS machine was unreliable. His PDS licence had been suspended, but a coordinate bench of the Patna High Court had earlier quashed that suspension in C.W.J.C. No. 11691 of 2025. The petitioner had no prior criminal record and had been in custody since 24‑09‑2025. The State opposed bail, but the Court, considering the nature of the accusation and the prolonged custody, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the delay of 142 days in lodging the FIR warrants the grant of bail.
- Whether the alleged irregularities based on e‑POS data constitute sufficient ground to deny bail.
- Effect of the earlier quashing of the licence suspension on the bail application.
Legislation cited
- B.N.S., 2023 — s. 316(2), 318(4)
Subjects
- bail
- delay in FIR
- PDS dealer
- foodgrain distribution
- e‑POS evidence
- licence suspension
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89112 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Deepak Kumar Singh S/o Late Madhu Sudhan Singh @ Maksudan Prasad
Singh Resident of Village- Ward No. 11 Atapur Nakuni, Govindpur, P.S.-
Hasanpur, District- Samastipur (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Gaurav
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 316(2), 318(4) of the B.N.S., 2023 and
Section 7 of the E.C.Act, 1955.
3. Petitioner, who is P.D.S. Dealer, is alleged to have
committed irregularities in the distribution of subsidized
foodgrains.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. F.I.R. has
been lodged after a delay of 142 days and there is no plausible
explanation of delay. The entire finding of shortage of foodgains
is based on e-POS machine and it is well known that there is
always differences between the physical stock and e-POS
machine. Moreover, the license of petitioner has already been
Patna High Court CR. MISC. No.89112 of 2025(2) dt.12-02-2026
2/2
suspended, against which, petitioner approached this Court by
filing C.W.J.C. No. 11691 of 2025 and vide order dated
06.08.2025, a coordinate Bench of this Court has quashed the
order of suspension of P.D.S. license of petitioner. Petitioner is
in custody since 24.09.2025, having no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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 learned
District & Addl. Sessions Judge – I, Rosera (Samastipur) in
connection with Hasanpur P.S. Case No. 141 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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