Deepak Rai v. The State Of Bihar
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 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 2/3 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 2nd Exclusive
Patna High Court CR. MISC. No.87114 of 2025(5) dt.03-04-2026 3/3 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/- U T