Patna High CourtCR. MISC./28148/2025dismissed

Manish Kumar v. The State Of Bihar

2026-02-09Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28148 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Manish Kumar S/o- Sri Sukhram Yadav Village- Biskurba Ps- Belchhi DistPatna ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Indian Oil Corporation Ltd. through its DGR Supervision, Barauni Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and the learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Salimpur P.S. Case No. 03 of 2024 registered for the offence under Sections 379, 511, 427, 285, 120 (B) of the I.P.C and Sections 15 (2), 15 (4) of Petroleum and Minerals Pipe Line (Acquisition of Right of user in land) Act 1962, and 3⁄4 of Explosive Substance Act, 1908, and 3/4 of Prevention to damage of Public Property Act and 7 E.C. Act.

3. Earlier the prayer of the petitioner was rejected on 24.07.2024 in Cr. Misc. No. 49115 of 2024, which reads as under: Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No.02

2. The petitioner seeks regular bail in the present case registered for the offence under Sections

Patna High Court CR. MISC. No.28148 of 2025(7) dt.09-02-2026 2/3 379, 511, 427, 285, 120(B) of the Indian Penal Code and under Section 15(2),15(4) of Petroleum and Minerals Pipelines (Acquisition of Right of user in Land) Act, under Section 3⁄4 of the Explosive Substance Act, under Section 7 of the Prevention of Damage of Public Property Act and under Section 7 of the E.C. Act.

3. Petitioner's involvement have surfaced during investigation. He has given a self-inculpatory confessional statement that he had participated in the crime. He has nine similar antecedents. The petitioner and other criminals are damaging the petroleum pipeline as well as the gas pipeline of Indian Oil. Petitioner is in jail since 22.03.2024.

5. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

6. Accordingly, this application for regular bail is hereby rejected.

4. The learned counsel for the Indian Oil has submitted that the Indian Oil is trying for framing of charge against the accused persons but it is the accused persons who are delaying the framing of charge to take the benefits in the bail proceedings.

5. Considering the gravity of the offence, this Court is not inclined to grant the privilege of bail to the petitioner in the present case.

6. The Court below is directed to frame the charge at the earliest and proceed with the trial and if the accused persons are not produced from the Jail, the trial court will ask the I.G. Prisons to ensure the production of all the accused for framing of charge.

7. With the aforesaid observations and directions, this application is dismissed.

Patna High Court CR. MISC. No.28148 of 2025(7) dt.09-02-2026 3/3

8. Let a copy of this order be communicated to the District Magistrate, Patna and the I.G. presence, Bihar through FAX for its compliance forthwith.

(Sandeep Kumar, J) vashudha/- U T