Patna High Court
Gulab KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant regular bail and dismissed the bail application.
Summary
Gulab Kumar applied for regular bail in a case (PS Case No. 436 of 2023) involving alleged tampering with an Indian Oil Corporation pipeline to illegally extract petroleum, constituting offences under Sections 379, 511, 427, 285 and 120B of the IPC, as well as sections of the Explosive Substances Act, the Prevention of Damage to Public Property Act and the Petroleum and Minerals Pipelines Act. The prosecution argued that the allegations were serious, supported by prima facie material and the petitioner’s ten prior criminal convictions. The petitioner claimed innocence and had been in custody since 16 January 2026. The court, considering the gravity of the offences and the petitioner’s antecedents, declined to grant regular bail. Consequently, the bail application was dismissed, with the court noting that its observations were limited to the bail matter and would not affect the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused of theft, criminal conspiracy and offences under the Explosive Substances Act, Prevention of Damage to Public Property Act and Petroleum and Minerals Pipelines Act.
- Whether the seriousness of the offences and the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120B, 285, 379, 427, 511
- Petroleum and Minerals Pipelines Act — s. 3, 4
- Prevention of Damage to Public Property Act — s. 3, 4
Subjects
- bail
- criminal conspiracy
- theft
- pipeline sabotage
- explosives
- public property damage
- prior convictions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39690 of 2026
Arising Out of PS. Case No.-436 Year-2023 Thana- KHUSRUPUR District- Patna
======================================================
Gulab Kumar Son of Late Mohan Yadav @ Mohan Ray Resident of Village-
Meora, P.S.- Athmalgola, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manjeet Vivek Son of Gopal Saran Singh At present Operation Manager,
Barauni- Kanpur Pipe Line, Patna, Indian Oil Corporation Limited, P.S.-
Barauni, District- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks grant of regular bail in
connection with Khusroopur P.S. Case No. 436 of 2023,
registered for offences punishable under Sections 379, 511, 427,
285 and 120B of the Indian Penal Code; Sections 3 and 4 of the
Explosive Substances Act; Sections 3 and 4 of the Prevention of
Damage to Public Property Act; and Sections 3 and 4 of the
Petroleum and Minerals Pipelines Act.
3. The prosecution case, as alleged in the FIR, is that
the accused persons, in furtherance of a criminal conspiracy,
tampered with an IOC product pipeline at village Bara Hasanpur
Patna High Court CR. MISC. No.39690 of 2026(2) dt.22-06-2026
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by installing a valve thereon with the intention of illegally
extracting and stealing petroleum products, thereby causing
damage to public property.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 16.01.2026.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. It is also submitted that the petitioner has ten criminal
antecedents.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
dismissed.
8. It is made clear that any observation made herein is
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
Patna High Court CR. MISC. No.39690 of 2026(2) dt.22-06-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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