Patna High Court
Satish Ray @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SOURENDRA PANDEY
Holding
The court denied bail to the petitioner, finding no reasonable ground for his release.
Summary
Satish Ray was arrested in connection with a case of petroleum theft involving alleged tampering of a pipeline, charged under multiple sections of the B.N.S., P.M.P. Act, Protection of Civil Rights Act and the E.C. Act. The petitioner argued that the FIR was lodged against an unknown person, no incriminating material was seized, and he was implicated merely because of prior similar offences. The State, supported by IOCL counsel, contended that the petitioner had three other pending cases for petroleum theft and that the offence constituted a serious crime against the nation. The court examined the seriousness of the charges, the petitioner’s antecedents, and the lack of material evidence linking him directly to the alleged tampering. Considering these factors, the judge declined to grant bail. Consequently, the petitioner's bail application was rejected.
Issues considered
- Whether bail should be granted to the accused under the listed statutory provisions given the seriousness of the offence and his antecedent record
- Whether the absence of seized incriminating material justifies release on bail
Legislation cited
- B.N.S. — s. 111, 161(2), 287, 303(2), 317(2), 324(5), 3(5)
- E.C. Act — s. 7
- Protection of Civil Rights Act — s. 3, 4
Subjects
- bail
- theft of petroleum
- pipeline tampering
- antecedent offences
- crime against nation
- Criminal Procedure Code
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82531 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- GARKHA District- Saran
======================================================
Satish Ray @ Satish Kumar son of Bharat Ray Resident of Village- Rajapakar
P.S -Rajapakar, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
For the IOCL : Mr. Raj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2.The petitioner seeks bail in connection with Garkha
P.S. Case No. 228 of 2025 dated 01.04.2025 registered for the
offences under Sections 111, 287, 317(2), 3(5), 303(2), 324(5),
161(2) of B.N.S. and 15(2) of P.M.P. Act, Section 3/4 of
Protection of Civil Rights Act and Section 7 of the E.C. Act.
3. As per the prosecution case the petitioner is accused
of committing theft of petroleum by tampering the petroleum
pipeline.
4. Learned counsel for the petitioner submits that the
FIR has been lodged against unknown and the petitioner has
only been implicated in this case because he carries criminal
Patna High Court CR. MISC. No.82531 of 2025(2) dt.05-01-2026
2/2
antecedents of similar nature. It has been submitted that no
incriminating article was recovered and even the seizure has not
been made against the petitioner. It has further been submitted
that the petitioner had nothing to do with the tampering of the
petroleum pipeline and theft of petroleum. The petitioner is in
custody since 17.04.2025.
5. Learned APP for the State as well as Mr. Raj
Kumar, learned counsel for the IOCL submits that the petitioner
has been involved in theft and there are three other cases
registered against him in which he is an accused of theft of
petroleum and under the Act he shall not be released until there
is reasonable ground for his release.
6. Considering the facts and circumstances of the case
and the fact that the petitioner carries antecedents of similar
nature and this is a crime against the nation, I am not inclined to
grant bail to the petitioner.
7. Accordingly, the prayer for bail is rejected.
(Sourendra Pandey, J)
krishna/-
U T
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