Patna High Court
Gulab KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail subject to a Rs.10,000 bond, two sureties and the conditions imposed by the Court.
Summary
Gulab Kumar was arrested on 11‑04‑2025 in connection with a case involving alleged conspiracy to steal petroleum materials, charged under IPC sections 285, 379, 511, 120(B) and the Petroleum and Minerals Pipelines Act, 1962 sections 15(2) and 15(4). The prosecution’s case rests mainly on the confessional statements of co‑accused, with no other material linking the petitioner to the offence. The petitioner contended that he was falsely implicated, that his name was added only after investigation, and pointed out that similarly situated co‑accused had already been granted bail. The State opposed bail, highlighting nine prior criminal cases against the petitioner. The Court, after considering the lack of substantive evidence and the petitioner’s claim of innocence, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and the evidence primarily consisting of co‑accused confessions.
- Whether the petitioner’s multiple criminal antecedents preclude the grant of bail.
- Whether the confessional statements of co‑accused constitute sufficient basis for continued detention.
Legislation cited
- Indian Penal Code — s. 120(B), 285, 379, 511
Subjects
- bail
- conspiracy
- theft of petroleum
- IPC
- Petroleum and Minerals Pipelines Act
- criminal antecedents
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8372 of 2026
Arising Out of PS. Case No.-50 Year-2024 Thana- BARH District- Patna
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Gulab Kumar Son of Mohan Yadav Resident of Village- Meora Athmalgola
Fulelpur, Police Station -Athmalgola, Dist- Patna ... ... Petitioner/s
Versus
1. The State of Bihar
2. I.O.C.L. Govt. of India bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Prasad Yadav, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
For the I.O.C : Mr. Raj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 10-04-2026 Heard Mr. Gajendra Prasad Yadav, learned counsel for
the petitioner, Mr. Chandra Bhushan Prasad, learned Additional
Public Prosecutor for the State and Mr. Raj Kumar, learned counsel
for the I.O.C.
2. Petitioner seeks bail who is in custody since
11.04.2025 in connection with Barh P.S. Case No. 50 of 2024,
F.I.R. dated 20.01.204 for the offences punishable under Sections
285, 379, 511, 120(B) of Indian Penal Code and Section 15(2),
15(4) of Petroleum and Minerals Pipelines Act, 1962.
3. As per the prosecution case, some unknown persons
tried to steal the petroleum materials with conspiracy.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Initially the petitioner was not named in the FIR and
Patna High Court CR. MISC. No.8372 of 2026(4) dt.10-04-2026
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his name transpired during investigation on the basis of
confessional statement of co-accused, namely, Aryan Raj and
except the confessional statement of co-accused, no other cogent
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He next
submits that similarly situated co-accused persons, namely,
Sudarshan Lal, Aryan Raj, Pramod Kumar, Manish Kumar, Md.
Dawloo @ Md. Dabloo have been granted the privilege of bail by
this Court vide order dated 21.09.2024, 02.07.2025 in Cr. Misc.
No. 46463 of 2024, Cr. Misc. No. 52208 of 2024 and Cr. Misc. No.
37978 of 2025. He further submits that the police after
investigation submitted the charge sheet against the petitioner and
the petitioner is in custody since 11.04.2025.
5. The learned Additional Public Prosecutor for the State
and learned counsel for the I.O.C have vehemently opposed the
prayer for bail of the petitioner and submits that petitioner carries
nine criminal antecedents in which he is on bail in one case and
rest cases are pending for consideration before competent court of
law.
6. Considering the aforesaid facts and circumstances, let
the petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
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amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case
No. 50 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on his
absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioner and in case at any stage it
is found that the petitioner has concealed his criminal antecedent,
the court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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