Patna High Court

Md. Dawloo @ Md. DabaluversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The petitioner is entitled to bail after framing of charges, subject to a bond and sureties.

Summary

The petitioner, Md. Dawloo, applied for bail in a criminal case involving alleged theft of petroleum from Indian Oil pipelines, charged under Sections 379, 411, 427, 120(B) of the Indian Penal Code, Sections 3 and 4 of the Explosive Substances Act, Sections 15 and 16 of the Petroleum and Minerals Pipeline Act, and the Prevention to Damage of Public Property Act. He claimed innocence, arguing that his name surfaced only because co‑accused had confessed in a separate case and that there was no direct evidence against him. The State opposed the bail application, contending the seriousness of the offences. The Court examined the material on record, noting the lack of substantive evidence beyond the confessional statements of co‑accused. Considering the circumstances, the Court ordered the petitioner’s release on bail upon framing of charges, subject to a bond of Rs. 10,000 with two sureties of equal amount, and directed the prosecution not to delay charge‑framing.

Issues considered

Whether the petitioner is entitled to bail despite the grave nature of the offences alleged
Whether the absence of direct evidence beyond co‑accused confessions warrants grant of bail

Legislation cited

Explosive Substances Act — s. 3, 4
Indian Penal Code — s. 120(B), 379, 411, 427

Subjects

bail
theft of petroleum
Indian Penal Code
Explosive Substances Act
Petroleum and Minerals Pipeline Act
criminal procedure
charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64794 of 2025
                       Arising Out of PS. Case No.-10 Year-2024 Thana- PANDARAK District- Patna
                 ======================================================
                 Md. Dawloo @ Md. Dabalu S/o Md. Jamal R/o Noorsarai Bazar Sah
                 Salempur, Police Station- Noorsarai, District- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Subham Jain S/o Sunil Kumar Jain I.O.C. Ltd. Pipe Line Division, Barauni-
                 Kanpur Pipe Line, P.S.- Barauni, Distt- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh
                 For the Opposite Party/s :       Mr.Humayou Ahmad Khan
                 For I.O.C.L.             :       Mr. Raj Kumar, Adv.
                                                  Mr. Sarvottam Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-379, 411, 427, 120(B) of the

                   Indian Penal Code and Section-3/4 of Explosive Substances Act

                   as well as Section-15/16 of Petroleum and Minerals Pipeline Act

                   and ¾ of the Prevention to Damage of Public Property Act.

                                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. Learned counsel for the petitioner has submitted
            Patna High Court CR. MISC. No.64794 of 2025(5) dt.19-01-2026
                                                        2/2




                      that the petitioner is innocent and he has falsely been implicated

                      in this case. The petitioner and other co-accused confessed their

                      guilt in another case and on that basis, the name of the petitioner

                      transpired in this case. Except confessional statement, there is

                      nothing against him. The case of the petitioner stands on similar

                      footing to that of co-accused who has been granted bail by this

                      court today itself.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, be released on bail after

                      framing of charges, 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-Ist,

                      Barh, Patna in connection with Pandarak P.S. Case No. 10 of

                      2024.

                                   7. The State/Prosecution is directed not to adopt

                      dilatory attitude in framing of charges.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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