Patna High Court
Sudesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed.
Summary
Sudesh Kumar was arrested in connection with theft from an Indian Oil Corporation pipeline and charged under Sections 285, 427, 120(B) of the IPC, Sections 15(2) and 15(4) of the Petroleum and Minerals Pipe Line Act, Sections 3 and 4 of the Prevention of Damage of Public Property Act and Section 7 of the E.C. Act. He has been in custody since 22 March 2024 and faces 16 other similar serious cases. The State of Bihar and Indian Oil Corporation opposed his bail application, arguing the seriousness of the offences and his antecedents. Justice Sandeep Kumar, after hearing counsel, declined to grant bail, noting the grave nature of the allegations. The bail application was dismissed, with the court clarifying that the order is limited to bail and does not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the accused given the seriousness of the offences under the IPC, Petroleum and Minerals Pipe Line Act, Prevention of Damage of Public Property Act and E.C. Act
- Whether the accused’s prior criminal antecedents justify denial of bail
Legislation cited
- E.C. Act — s. 7
- Indian Penal Code — s. 120(B), 285, 427
- Prevention of Damage of Public Property Act — s. 3, 4
Subjects
- bail
- theft
- oil pipeline
- Indian Penal Code
- Petroleum and Minerals Pipe Line Act
- Prevention of Damage of Public Property Act
- E.C. Act
- high court
- denial of bail
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20907 of 2026
Arising Out of PS. Case No.-292 Year-2023 Thana- SALIMPUR District- Patna
======================================================
Sudesh Kumar S/o Bishram Singh R/o Village - Bidhuna, P.S - Bidhuna,
District - Auraiya, State - U.P
... ... Petitioner/s
Versus
1. The State of Bihar
2. Indian Oil Corporation Ltd. Pipelines Division, Barauni, Kanpur Pipeline
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the IOC : Mr. Raj Kumar, Advocate
Mr. Sarrottam Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the Indian Oil Corporation.
2. The petitioner seeks bail in connection with
Salimpur P.S. Case No. 292 of 2023 registered for the offence
punishable under Sections 285, 427, 120(B) of the Indian Penal
Code; Sections 15(2) and 15(4) of the Petroleum and Minerals
Pipe Line Act; Section 3 and 4 of the Prevention of Damage of
Public Property Act and Section 7 of the E.C. Act.
3. The allegation against the petitioner is of
committing theft in the oil pipeline belonging to the Indian Oil
Corporation.
4. The petitioner is in custody since 22.03.2024 and
Patna High Court CR. MISC. No.20907 of 2026(2) dt.02-04-2026
2/2
is accused in 16 more cases of similar and serious nature.
5. Learned counsel for the Indian Oil Corporation and
learned APP for the State have vehemently opposed the prayer
for the bail.
6. Considering the serious allegation against the
petitioner and his antecedents, I am not inclined to grant bail to
the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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