Patna High Court
Manish Kumar Rai @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
Manish Kumar Rai was arrested for alleged theft of oil from a pipeline and possession of 1.05 kg of charas, with the FIR also charging him under multiple provisions of the NDPS Act, Bharatiya Nyaya Sanhita, Petrol and Mineral Pipe Line Act, Explosive Substances Act, Prevention of Damage to Public Property Act and Essential Commodities Act. The petitioner, who has been in custody since 12 August 2025 and has three prior criminal convictions, applied for regular bail. The court examined the seriousness of the offences, the prima facie evidence linking the petitioner to the crime, and his antecedents. Considering the gravity of the allegations and the risk of tampering with evidence, the court found no sufficient ground to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether regular bail can be granted to the petitioner given the seriousness of the offences and the presence of prima facie evidence.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 287, 303(2), 317(2), 324(5), 3(5), 61(2), 62(2)
- Essential Commodities Act — s. 7
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15, 17(c), 18(c), 20(B)(ii)©, 23, 25, 8
- Prevention of Damage to Public Property Act — s. ¾
Subjects
- regular bail
- NDPS Act
- oil theft
- charas possession
- criminal antecedents
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25395 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Manish Kumar Rai @ Manish Kumar son of Vinod Rai @ Binod Kumar Ray
Resident of Village- Daulatpur, P.S- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Natraj Verma
For the Opposite Party/s : Mr. Abhay Kumar
For the IOCL : Mr. Raj Kumar, Advocate
Mr. Sarvottam Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing for the
IOCL.
2. The petitioner seeks regular bail in connection with
Bakhtiyarpur P.S. Case No. 57 of 2025, registered for offences
punishable under Sections 8, 15, 17(c), 18(c), 20(B)(ii)©, 23
and 25 of the NDPS Act, Sections 303(2), 287, 317(2), 324(5),
111, 61(2), 62(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023, Sections 15(2), 15(3) and 15(4) of the Petrol and Mineral
Pine Line Act, Section ¾ of the Explosive Substance Act,
Section ¾ of the Prevention of Damage to Public Property Act
and Section 7 of the Essential Commodities Act.
3. As per the FIR, other co-accused persons were
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apprehended from the spot while they were attempting to
commit theft of oil from the pipeline using a tanker. Upon
search, the police recovered 1 kg 50 grams of Charas from their
possession. It is further alleged that the present petitioner
managed to flee from the place of occurrence. The name of the
petitioner was disclosed by the apprehended accused persons,
who allegedly stated that the petitioner was also involved as
their associate in the commission of theft of oil and smuggling
of contraband substances.
4. The petitioner is in custody since 12.08.2025 and
has three criminal antecedents. The allegations against the
petitioner are serious and grave in nature. There exists prima
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Having considered the facts and circumstances of
the case, the nature and gravity of the allegation, the material
available on record, the involvement of the petitioner and the
criminal antecedents of the petitioner, this Court is not inclined
to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.25395 of 2026(2) dt.06-05-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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