Patna High Court

Shankar JhaversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Shankar Jha applied for anticipatory bail fearing arrest in a case involving alleged theft of petrol from a pipeline and possession of 1.5 kg of charas. The prosecution alleged that on 16 February 2025 the petitioner’s oil tanker was used to puncture a pipeline and that charas was found beneath the tanker seat. The petitioner claimed innocence and a clean antecedent, while the State opposed bail. The court examined the seriousness of the offences under the NDPS Act, the Petroleum and Mineral Pipe Line Act and related statutes. Considering the alleged involvement in fuel theft and drug possession, the court declined to grant anticipatory bail and dismissed the application. The order was limited to the bail application and does not prejudice the merits of the trial.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the NDPS Act, Petroleum and Mineral Pipe Line Act and related statutes.

Legislation cited

B.N.S., 2023 — s. 111, 287, 303(2), 317(2), 324(5), 3(5), 61(2), 62
E.C. Act — s. 7
Exclusive Substance Act — s. ¾
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15, 17(C), 18(C), 20(b)(ii)(c), 23, 25, 8
Petrol and Mineral Pipe Line Act — s. 15(2), 15(3), 15(4)
Prevention of Damage to Public Property Act — s. ¾

Subjects

anticipatory bail
NDPS Act
petroleum theft
charas possession
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55713 of 2025
                    Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Shankar Jha son of Dwarikanath Jha RESIDENT OF SANTOSHPUR GOVT.
                 COLONY, MAHESHTALA SOUTH 24, PS- MAHESHTALA DIST- SOUTH
                 24 PARGANAS WEST BENGAL
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Alka Singh, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   05-05-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Kotwa P.S. Case No. 57 of 2025/ NDPS G.R. Case No. 30

                   of 2025, registered for offences punishable under Sections 8, 15,

                   17(C), 18(C), 20(b)(ii)(c), 23, 25 of the NDPS Act, Sections

                   303(2), 287, 317(2), 324(5), 111, 61(2), 62, 3(5) of B.N.S., 2023

                   Section 15(2), 15(3), 15(4) of Petrol and Mineral Pipe Line Act,

                   Section ¾ of Exclusive Substance Act, ¾ of Prevention of

                   Damage to Public Property Act and Section 7 of E.C. Act.

                                3. As per the prosecution story, during night patrolling

                   on 16.02.2025, police intercepted an oil tanker truck and a Xylo

                   vehicle near Nawada where the petitioner and their accomplice

                   were attempting to puncture and oil pipeline to steal fuel. The

                   oil tanker truck of the petitioner was used in crime which was

                   given to the driver on monthly rent of Rs. 80,000/-. The co-

                   accused also disclosed that they have kept charas about 1Kg. 50
            Patna High Court CR. MISC. No.55713 of 2025(7) dt.05-05-2026
                                                        2/2




                      grams below the seat of tanker.

                                   4. The learned counsel for the petitioner has submitted

                      that the petitioner is innocent and has falsely been implicated in

                      the present case. Petitioner has clean antecedent.

                                   5. Learned APP for the State as well as counsel for the

                      I.O.C.L have vehemently opposes the prayer for anticipatory

                      bail.

                                   6. Considering the facts and circumstances of the case

                      and also the petitioner is involved in theft of petrol from the

                      pipeline and there is recovery of 1 Kg. 50 grams of charas, this

                      Court is not inclined to grant the privilege of anticipatory bail to

                      the petitioner, this application is dismissed.

                                   7. 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

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T

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