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Patna High Court

Sudesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted at this stage due to the seriousness of the offences, the petitioner’s extensive criminal antecedents and the risk of non‑co‑operation, and ordered the trial to be completed within six months.

Summary

Sudesh Kumar was arrested on charges of theft of oil from an Indian Oil Corporation pipeline, alleged to have violated Sections 379, 440 and 120(B) of the IPC, sections 15(2), 15(4) and 16 of the Petroleum and Minerals Pipe Line (Acquisition of Right of User in Land) Act, 1962 and Section 7 of the E.C. Act. The petitioner contended that the case was filed against unknown miscreants, that he was framed after being apprehended in a separate case, and highlighted his 16 prior criminal cases. The State argued that the petitioner was the mastermind of the theft and pointed to the denial of bail to co‑accused in similar cases (Cr. Misc. Nos. 51065 of 2024 and 54167 of 2024). The court examined the seriousness of the offences, the petitioner’s extensive criminal antecedents and the risk of non‑co‑operation, and found these factors outweighed the presumption of innocence. Consequently, the court refused regular bail but directed the trial court to expedite the trial and conclude it within six months, allowing the petitioner to renew his bail plea thereafter. The petitioner was ordered to cooperate with the trial, with the liberty to apply for bail again after the six‑month period if the trial remains pending.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and his prior criminal antecedents.
  • Whether the petitioner poses a risk of non‑co‑operation or tampering with evidence that justifies denial of bail.

Legislation cited

Subjects

  • bail
  • theft of oil
  • pipeline
  • criminal conspiracy
  • prior criminal antecedents
  • trial expedite
  • Indian Penal Code
  • Petroleum and Minerals Pipe Line Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88751 of 2025
                          Arising Out of PS. Case No.-584 Year-2023 Thana- BARH District- Patna
                 ======================================================
                 Sudesh Kumar S/o Vishram Singh R/o Mohalla - Bidhula, P.S.- Bidhula,
                 Distt.- Auraiya, U.P.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Indian Oil Corporation Limited, Pipelines Division, Barauni, Kanpur,
                 Pipeline India

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Kashyap, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 379, 440 &

                   120(B) of the Indian Penal Code, under Sections 15(2), 15(4) and

                   16 of the Petroleum and Minerals Pipe Line (Acquisition of Right

                   of User in Land) Act, 1962 and under Section 7 of the E.C. Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner is accused of committing theft of oil from the Indian Oil

                   Corporation pipeline.

                                4. Learned counsel for the petitioner submits that the

                   case was filed against unknown miscreants. It has been submitted

                   that the petitioner was apprehended in Athmalgola P.S. Case no. 45
            Patna High Court CR. MISC. No.88751 of 2025(2) dt.06-01-2026
                                                        2/2




                      of 2024 and after that he was framed in other cases. The petitioner

                      is having criminal antecedent of 16 cases which is clear from the

                      supplementary affidavit.

                                   5. Learned counsel for the IOCL has submitted that the

                      petitioner is the master mind. He is resident of Mathura and it has

                      also been submitted that the bail application of similarly situated

                      co-accused, namely, Manish Kumar, Sudarshan Lal, Aryan Raj and

                      Pramod Kumar were rejected by the learned Co-ordinate Bench

                      vide Cr. Misc. Nos. 51065 of 2024 and 54167 of 2024. The case of

                      this petitioner stands on similar footing.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, I am not inclined to grant bail to the petitioner at this

                      stage, however, learned trial court is directed to expedite the trial

                      so as to conclude the trial within a period of six months as the

                      petitioner is in custody since 11.03.2024. The petitioner is at

                      liberty to renew his prayer for bail after six months if the trial is

                      not concluded. Petitioner is directed to co-operate in the trial. This

                      privilege of liberty will not be applicable if the petitioner does not

                      co-operate in trial.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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