Patna High Court
PALAS NASKARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petition for regular bail was denied.
Summary
Palas Naskar, the driver of an oil tanker, was arrested on 16‑02‑2025 for allegedly attempting to puncture an oil pipeline to steal fuel, during which 1.05 kg of charas and burglary tools were recovered from the tanker. He faces charges under multiple sections of the NDPS Act, the Bihar Narcotic Substances Act, the Petroleum and Mineral Pipeline Act, the Exclusive Substance Act, the Prevention of Damage to Property Act and the EC Act. The petitioner contended that he had no physical possession of the contraband and was falsely implicated, seeking regular bail. The prosecution, supported by IOCL, argued that the petitioner was part of an organized gang with eight prior similar offences and that the seriousness of the offences warranted denial of bail. The Court, after considering the facts and the petitioner’s criminal antecedents, held that he did not merit bail and rejected the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the NDPS Act and related statutes.
- Whether the absence of contraband in the petitioner's personal possession suffices to grant bail.
- Whether the petitioner's alleged involvement in an organized gang and prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 111, 287, 303(2), 317(2), 324(5), 3(5), 61(2), 62(2)
- E.C. Act — s. 7
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 15, 17(C), 18(C), 20(b)(ii)(c), 23, 25, 8
- Prevention of Damage to Property Act — s. ¾
Subjects
- regular bail
- NDPS Act
- organized crime
- pipeline theft
- charas seizure
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71386 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran
======================================================
PALAS NASKAR S/o- Late Manik Chandra Naskar R/v- 8/X Rahim Ostagar
Road Ps- Lake Dist- Kolkata W.B ... ... Petitioner/s
Versus
1. The State of Bihar
2. IOCL (Indian Oil Corporation Limited) Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Singh, Advocate
For the State : Mr. Shailendra Kumar, APP
For the IOCL : Mr. Raj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner as well as
IOCL and learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Kotwa P.S. Case No. 57 of 2025/ N.D.P.S. G.R. No.
30 of 2025, registered for the offences punishable under Sections 8,
15, 17(C), 18(C), 20(b)(ii)(c), 23, 25 of the NDPS Act, Section
303(2), 287, 317(2), 324(5), 111, 61(2), 62(2), 3(5) of BNS, Section
15(2), 15(3), 15(4) of Petroleum and Mineral Pipe Line, Section ¾ of
Exclusive Substance Act, ¾ of Prevention of Damage to 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 and a Xylo vehicle
near Nawada where the petitioners and their accomplics were
attempting to puncture and oil pipeline to steal fuel. Upon their arrest
Patna High Court CR. MISC. No.71386 of 2025(2) dt.13-01-2026
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and search, 1.05 kg of charas and various house-breaking
instruments were recovered from tanker.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. It has further been submitted that recovery has been
made from oil tanker and the petitioner is only driver of the said oil
tanker. Nothing has been recovered from conscious physical
possession of the petitioner. The petitioner is in custody since
18.02.2025.
5. On the other hand, the learned counsel for the IOCL
opposed the prayer for bail and submitted that while extracting out
the oil from gas pipeline, the petitioner along with other co-accused
persons were arrested at the place of occurrence. He has further
submitted that 1.05 kg of charas was also recovered from the oil
tanker. It has further been submitted that the petitioner is a member
of an organized gang and has eight criminal antecedents of similar
nature.
6. Considering the above-mentioned facts and
circumstances, in my view, the petitioner does not deserve bail.
Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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