Created by Fuzzy Cloud

Patna High Court

Gulab KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Gulab Kumar, was charged in Pandarak Police Station Case No.10 of 2023 for theft of petroleum from a pipeline, invoking sections 379, 411, 427 and 120-B of the IPC, sections 15/16 of the Petroleum and Minerals Pipeline Act, 1962, sections 3/4 of the Explosive Substances Act and sections 3/4 of the Prevention to Damage of Public Property Act, 1984. The petitioner sought regular bail, but the court noted that his name appeared in a co‑accused’s confessional statement and that he is already implicated in five other criminal cases. Considering the seriousness of the alleged offences and his antecedents, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail should be granted to the petitioner in view of the nature of the offences and his prior criminal antecedents

Legislation cited

Subjects

  • bail
  • theft of petroleum
  • pipeline
  • criminal conspiracy
  • IPC
  • Petroleum and Minerals Pipeline Act
  • Explosive Substances Act
  • Prevention to Damage of Public Property Act
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.12634 of 2026
                       Arising Out of PS. Case No.-10 Year-2024 Thana- PANDARAK District- Patna
                 ======================================================
                 Gulab Kumar S/o- Mohan Yadav Resident of Village- Meora Athmalgola
                 Fulelpur Police Station- Athmalgola, Dist- Patna

                                                                                    ... ... Petitioner
                                                       Versus

           1.    The State of Bihar
           2.    IOCL, Govt. of India New Delhi

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Gajendra Prasad Yadav, Advocate
                 For the State           :        Mr. Chandra Bhushan Prasad, APP
                 For the Opp. Party No.2 :        Mr. Raj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite party no.2.

                                   2.        In this case, the petitioner seeks regular bail

                   in connection with Pandarak P.S. Case No.10 of 2023 registered

                   for the offence under sections 379, 411, 427, 120-B of the

                   Indian Penal Code, under section 15/16 of the Petroleum and

                   Minerals Pipeline Act, 1962, under section 3/4 of the Explosive

                   Substance Act and under section 3/4 of the Prevention to

                   Damage of Public Property Act, 1984.

                                   3.        The petitioner and others are accused of

                   committing theft of petroleum from the pipeline. The name of

                   the petitioner has come in the confessional statement of co-
              Patna High Court CR. MISC. No.12634 of 2026(2) dt.23-02-2026
                                                          2/2




                        accused. He is accused in five more criminal cases.

                                        4.      Considering the nature of allegation levelled

                        against the petitioner and also his antecedents, I am not inclined

                        to grant him bail. Accordingly, the present bail application is

                        dismissed.


                                                                   (Sandeep Kumar, J)


pawan/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.