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Patna High Court

Sudesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a cash bond, sureties and verification of his criminal antecedents.

Summary

Sudesh Kumar was arrested on 22 March 2024 in connection with a case of oil theft from an Indian Oil Corporation pipeline, charged under multiple IPC sections, the Petroleum and Minerals Pipeline Act, the Explosive Substance Act, the Prevention of Damage to Public Property Act, the Property Act and the E.C. Act. The petitioner contended that he was not named in the FIR, was implicated solely on the basis of a confessional statement recorded in another case, and that the FIR was filed seven days after the alleged incident without explanation, with no eyewitnesses. The prosecution opposed bail, highlighting the petitioner’s 16 prior criminal cases, though he was on bail in 12 of them. The court examined the circumstances, including the delay in filing the FIR and the lack of substantive evidence, and ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to verification of his criminal antecedents and compliance with several conditions. The bail order also directed the lower court to verify the antecedents before accepting the bond but not to delay its acceptance.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and the delay in filing the FIR
  • Whether the petitioner’s prior criminal antecedents justify denial of bail

Legislation cited

Subjects

  • bail
  • oil theft
  • pipeline
  • IPC
  • prior criminal antecedents
  • FIR delay
  • confessional statement
  • verification of antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19951 of 2026
                        Arising Out of PS. Case No.-3 Year-2024 Thana- SALIMPUR District- Patna
                 ======================================================
                 Sudesh Kumar Son of Bishram Singh Resident of Village- Bidhuna, P.s.-
                 Bidhuna, District- Auraiya, Uttar Pradesh

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Indian Oil Corporation Ltd. through its DGR Supervision, Pipeline Division,
                 Barauni Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 For the IOC              :       Mr. Raj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-04-2026                    Heard Mr. Ashok Kumar Kashyap, learned counsel

                   for the petitioner, Mr. Raj Kumar, learned counsel for the Indian

                   Oil Corporation and Mr. Parmeshwar Mehta, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.03.2024 in connection with S. Tr. No. 1839 of 2025 arising

                   out of Salimpur P.S. Case No. 03 of 2024, F.I.R. dated

                   09.01.2024 for the offences punishable under Sections 379,

                   511, 427, 285 and 120(B) of the IPC, Sections 15(2) and 15(4)

                   of Petroleum and Minerals Pipe Line (Acquisition of Right of

                   user in land) Act, 1962, Sections 3/4 of Explosive Substance

                   Act, 1908, Section 3/4 of Prevention to damage of Public
Patna High Court CR. MISC. No.19951 of 2026(3) dt.22-04-2026
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          Property Act and Section 7 of E.C. Act.

                      3. According to prosecution case, some miscreants are

          said to have been involved in the theft of oil from has pipe line

          of I.O.C.L.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. He further submits that the petitioner is not named

          in the FIR and his name has been transpired on the basis of the

          confessional statement of the petitioner which was recorded in

          Athmalgola P.S. Case No. 45 of 2024 and except the aforesaid,

          nothing has come during investigation which suggest the

          involvement of the petitioner in the present occurrence. He

          further submits that from perusal of the FIR it appears that the

          date of occurrence is 02.01.2024 but the present FIR has been

          instituted on 09.01.2024 i.e, after delay of seven days without

          giving any explanation of the said delay. Apart from that no one

          is the eye witness of the alleged occurrence and petitioner has

          been made accused merely on the basis of his previous criminal

          antecedents of similar nature. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 22.03.2024 more

          than two years.
Patna High Court CR. MISC. No.19951 of 2026(3) dt.22-04-2026
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                      5. The learned counsel for the IOC as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioner on the ground that petitioner

          carries 16 criminal antecedents other than the present one but

          fairly submits that he is on bail in 12 cases out of 16.

                       6. 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 District &

          Additional Sessions Judge-IV, Barh, Patna in connection with S.

          Tr. No. 1839 of 2025 arising out of Salimpur P.S. Case No. 03

          of 2024, subject to the following conditions:-

                       i. Learned court below is directed to verify the

          criminal antecedents of the petitioner and also verify whether

          the petitioner is on bail in 12 cases or not before furnishing the

          bail bond of the petitioner.

                       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
            Patna High Court CR. MISC. No.19951 of 2026(3) dt.22-04-2026
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                      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)
Vanisha/-

U      T


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