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Patna High Court

Gulab KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




      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
            Patna High Court CR. MISC. No.8372 of 2026(4) dt.10-04-2026
                                                        3/3




                  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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