Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties and compliance with conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Ravindra Kumar, a driver for Mangal Murti Enterprises, was arrested after police seized 9,100 litres of thinner oil from an oil tanker he was driving, alleging offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, Sections 3 and 4 of the Explosive Substance Act, and Section 7 of the E.C. Act. The petitioner contended that the consignment was legal, purchased from a registered supplier, and that he had no criminal record. The State opposed bail, arguing the seriousness of the alleged offences. The court examined the facts, noting the petitioner’s role as driver, the legality of the company’s operations, and the length of his custody since 25‑02‑2026. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the BNSS.
Issues considered
- What is the applicability of bail provisions under Section 480(3) of the Bharatiya Nyaya Sanhita to the petitioner?
- Whether the alleged offences under Sections 318(4) of BNSS, 3/4 of the Explosive Substance Act and Section 7 of the E.C. Act are made out against the petitioner.
- Whether the petitioner is a flight risk or likely to tamper with evidence warranting denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 480(3)
- E.C. Act — s. 7
- Explosive Substance Act — s. 3, 4
Subjects
- bail
- criminal procedure
- explosive substances
- petroleum product seizure
- BNSS
- Section 318
- Section 480
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30387 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Ravindra Kumar S/o Raj Kumar Yadav R/o Village - Ambika Bigha, P.O -
Orhanpur, P.S - Muffasil, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
Mr. Ravi Kant, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sugauli P.S. Case No. 100 of 2026 registered
for the alleged offences under Sections 318(4) of Bharatiya
Nyaya Sanhita, 2023 and Section 3/4 of Explosive Substance
Act and Section 7 of E.C. Act.
03. As per prosecution case, police received
information about driver of an oil tanker parking the tanker for
selling thinner oil. A raid was conducted and the petitioner
stated to be the driver of the truck was apprehended. On search
of the tanker, recovery of 9100 liters of thinner oil has been
made.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30387 of 2026(2) dt.11-05-2026
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petitioner is innocent and has been falsely implicated in this
case. The petitioner is the driver of the said tanker which runs
under one Mangal Murti Enterprises which is owned by co-
accused Bablu Kumar. The company of the petitioner is a
registered company and it has been authorized to store
petroleum product. The petitioner works in the company of the
petitioner as a driver. The said Mangal Murti Enterprises has
purchased the seized product from one Ambeshwari Minerals
and Chemicals Private Limited, Nawada and the petitioner
being driver had been transporting the said consignment.
Learned counsel further submits that no offence under Sections
3/4 of Explosive Substance Act and Section 7 of E.C. Act is
made out against the company as well as this petitioner. The
petitioner has got no criminal and he is in custody since
25.02.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner is said to be the driver of the vehicle and
the consignment is stated be legal and also considering the
period of custody of the petitioner, the petitioner above named is
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directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
magistrate-IV, East Champaran, Motihari/court concerned in
connection with Sugauli P.S. Case No. 100 of 2026, subject to
the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
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