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Patna High Court

PALAS NASKARversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                         2/2




                       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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