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Patna High Court

Sudesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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