Patna High Court
Gulab KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Gulab Kumar was arrested on 5 February 2025 in connection with a case involving damage to an LPG pipeline, alleged to have been committed for theft. The FIR, dated 9 January 2024, charges him under several IPC sections (379, 427, 285, 120(B)) as well as provisions of the Petroleum and Minerals of Pipe Line (Amendment) Act, 2011, the Explosive Substances Act, 1908, the Prevention of Damage to Public Property Act and the EC Act. The petitioner contends he is innocent, arguing that his name does not appear in the FIR and was only implicated through a co‑accused’s confession, with no other material linking him to the offence, and points out that similarly situated co‑accused have already been granted bail. The prosecution opposes bail, citing nine prior criminal antecedents of the petitioner. The High Court, noting the lack of direct evidence, the petitioner’s non‑inclusion in the FIR, and the precedent of bail to co‑accused, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of court appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner given that his involvement is alleged only on the basis of a co‑accused’s confession and he has prior criminal antecedents.
Legislation cited
- Explosive Substances Act, 1908
- Indian Penal Code — s. 120(B), 285, 379, 427
- Prevention of Damage to Public Property Act
Subjects
- bail
- pipeline theft
- IPC
- Petroleum Act
- co‑accused confession
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54920 of 2025
Arising Out of PS. Case No.-3 Year-2024 Thana- SALIMPUR District- Patna
======================================================
Gulab Kumar Son of Mohan Yadav Resident of Village -Meora PS
-Athamalgola, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Prasad Yadav, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the IOCL : Mr. Raj Kumar, Advocate
: Mr. Rajnish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 12-03-2026 Heard Mr. Gajendra Prasad Yadav, learned
counsel for the petitioner, Mr. Anil Kumar, learned Additional
Public Prosecutor for the State as well as Mr. Raj Kumar,
learned counsel for the IOCL.
2. Petitioner seeks bail who is in custody since
05.02.2025 in connection with Salimpur P.S. Case No. 03 of
2024, F.I.R. dated 09.01.2024 for the offences punishable under
Sections 379, 427, 285, 120(B) of I.P.C and 15(2) & 15(4) of
Petrole and Minerals of Pipe Line (Amendment 2011) Act 1962
and ¾ Explosive Substance Act 1908 and ¾ Prevention Damage
of Public Property Act and 7EC Act.
3. According to prosecution case, it is alleged that
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some unknown miscreants damaged the LPG pipeline of
Paradeep-Haldiya-Barauni-Motihari for the purpose of theft.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name transpired on the basis of confessional statement of co-
accused, namely, Sudesh Yadav and except the aforesaid, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence and till date no TIP has been conducted and similarly
situated co-accused persons, namely, Md. Dawloo, Sudarshan
Lal, Aryan Raj, Pramod Kumar have been granted the privilege
of bail by co-ordinate Bench of this Court vide order dated
30.07.2025 and 28.03.2025 in Cr. Misc. No. 35318 of 2025 and
Cr. Misc. No. 46393 of 2024. He further submits that the police
after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 05.02.2025 .
5. The learned Additional Public Prosecutor as well as
learned counsel for the IOCL have vehemently opposed the
prayer for bail of the petitioner and submits that petitioner
carries nine criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances
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and the fact that petitioner is not named in the FIR and his name
transpired on the basis of disclosure made by co-accused person
and similarly situated co-accused persons have been granted the
privilege of bail by co-ordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned S.D.J.M.
Barh, Patna in connection with Salimpur P.S. Case No. 03 of
2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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