Patna High Court
Vishnukant DubeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to anticipatory bail as the material linking him to the offence is insufficient for a prima facie case.
Summary
The petitioner, Vishnukant Dube, was not named in the FIR relating to theft of diesel/crude oil from the Barauni pipeline, but a copy of his voter ID was found in a vehicle owned by his brother, leading to his implication. He applied for anticipatory bail, arguing that mere possession of his ID does not constitute a prima facie case and that he has a clean antecedent. The State opposed the bail, citing multiple offences under the Bhartiya Nyay Sanhita, the Petroleum and Minerals Pipelines Act, the Explosive Act and the Prevention of Damage to Public Property Act. The court examined the limited material linking the petitioner to the crime and found it insufficient to deny bail. Consequently, the court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR not naming him but a copy of his voter ID being found in the vehicle.
- Whether the presence of the voter's ID card constitutes sufficient prima facie evidence to deny bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 287, 303(2), 317(2), 324(5), 3(5), 61(2)
- Criminal Procedure Code — s. 438(2)
- Explosive Act — s. 3, 4
- Petroleum and Minerals Pipelines Act, 1962 (Amendment Act 2011) — s. 15, 16
- Prevention of Damage to Public Property Act, 1984 — s. 3, 4
Subjects
- anticipatory bail
- FIR
- voter ID
- theft of diesel
- pipeline robbery
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40056 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Vishnukant Dube S/O Yogendra Dube R/O Vill.- Sahodih, P.S.- Shahpur,
Dist.- Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms.Saumya, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Udwantnagar P.S.
Case No. 93 of 2026 registered for the offences punishable
under Sections 61(2), 287, 303(2), 317(2), 324(5), 3(5) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’) and
sections 15, 16 of Petroleum and Minerals Pipelines Act, 1962
(Amendment Act 2011) alongwith section 3/4 of the Explosive
Act and section 3/4 of Prevention of damage to Public Property
Act, 1984.
3. As per FIR, two persons were apprehended alongwith
the vehicle while committing theft of diesel/crude-oil from
Barauni oil Pipeline.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.40056 of 2026(2) dt.22-06-2026
2/3
submitted that petitioner is not named in the FIR, which clearly
suggest that his name was not even disclosed by apprehended
co-accused persons. It is pointed out that the elder brother of the
petitioner namely, Amarkant Dubey is the owner of the alleged
vehicle, which was alleged to be involved in carrying of stolen
diesel/crude-oil from the Barauni oil pipeline and as the copy of
voter ID card of this petitioner was found inside the cabin of the
truck, he was implicated with the present case.
5. It is submitted that having a copy of voter ID card in
the vehicle of the brother of petitioner does not make any
offence on its face and with this much material, the petitioner
implication with the present crime in question is not convincing,
who is otherwise a man of clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as implication of this petitioner appears
prima facie with limited reason as a copy of his Voter ID card
was found inside the vehicle, which admittedly belong to his
elder brother, accordingly, the above-named petitioner, who is a
man of clean antecedent, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
Patna High Court CR. MISC. No.40056 of 2026(2) dt.22-06-2026
3/3
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhojpur at
Ara/concerned court in connection with Udwantnagar P.S. Case
No. 93 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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