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Patna High Court

Md. DawlooversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Md. Dawloo, applied for regular bail in a case involving alleged theft of petroleum from Indian Oil pipelines, charged under Sections 379 and 511 of the IPC and Section ¾ of the Prevention of Damage to Property Act. He claimed innocence, asserting that his name surfaced only because of a confessional statement by co‑accused Aryan Raj, who had earlier been granted bail. The State opposed the bail application. The Court, after considering the circumstances, ordered the petitioner’s release on bail upon framing of charges, requiring a bail bond of Rs.10,000 with two sureties and a condition to cooperate with the trial. The Court also directed the prosecution not to delay framing of charges.

Issues considered

  • Whether regular bail should be granted to the petitioner for offences under IPC Sections 379 and 511 and the Prevention of Damage to Property Act, Section ¾.
  • Whether the confessional statement of a co‑accused suffices to justify bail in the present case.

Legislation cited

Subjects

  • bail
  • theft
  • petroleum
  • IPC
  • Prevention of Damage to Property Act
  • co‑accused confession
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.63348 of 2025
                        Arising Out of PS. Case No.-9 Year-2023 Thana- PANDARAK District- Patna
                 ======================================================
                 Md. Dawloo S/o Md. Jamal Resident of Noorsarai Bazar Sah Salempur, P.S.-
                 (Noorsarai) Sohsarai, District- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Aman Kumar S/o Sunil Prasad Gupta Assistant Manager, Barauni-Patna
                 Pipe Line, Barauni, Begusarai- 851114, Resident of Quarter No. CF-230,
                 Barauni Refinery Township, P.S.- Barauni Refinery, District- Begusarai,
                 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Anil Kumar Singh
                 For the IOCL                     Mr. Raj Kumar
                                                  Mr. Sarvottam Kumar
                 For the State                    Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

7   19-01-2026                          Heard the learned counsel for the parties.

                                  2. This is an application for regular bail on behalf of

                   the petitioner for the offences alleged under Sections 379 and

                   511 of the IPC and Section ¾ of the Prevention of Damage to

                   Property Act, registered in connection with Pandarak P.S.Case

                   No. 09/23.

                                  3.    As per allegation, the petitioner was found

                   involved in the theft of large amount of petroleum from the pipe

                   lines of Indian Oil.

                                  4. The learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.63348 of 2025(7) dt.19-01-2026
                                                       2/2




                     that the petitioner is innocent and has falsely been implicated.

                     His name has come to the fore on the basis of confessional

                     statement of co-accused Aryan Raj, who has been granted bail

                     by a coordinate bench of this Court in Cr.Misc. No. 44524 of

                     2024.

                                  5. The learned APP for the State has opposed the

                     prayer for bail.

                                  6. Considering the above facts and circumstances, let

                     the petitioner, above-named, be released on bail after framing

                     of chargers, on furnishing bail bond of Rs. 10,000/-(ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Additional Chief Judicial Magistrate 1st

                     Barh, Patna in connection with Pandarak P.S.Case No. 09/23,

                     subject to the condition that the petitioner shall cooperate in the

                     disposal of trial as and when required by the court below.

                                  7. The State/Prosecution is directed not to adopt

                     dilatory attitude in framing of charges.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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