Md. Dawloo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35249 of 2025 Arising Out of PS. Case No.-292 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Md. Dawloo S/o Md. Jamal R/o Noorsarai Bazar Sah Salempur, PSNoorsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP For the IOCL :
Mr. Raj Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner, learned counsel for the IOCL and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Salimpur P.S. Case No. 292 of 2023 dated 18.12.2023 registered for the offences punishable u/ss 285, 427, 120B of the Indian Penal Code and u/ss 15(2), 15(4) of the Petroleum and Minerals Pipe Lines Act, Section 3/4 Explosive Substance Act, Section 3/4 Prevention to Damage of Public Property Act and Section 7 E.C. Act.
3. As per the prosecution case, unknown miscreants are alleged to have tried to commit theft of the Indian Oil from the pipeline from which the petrol was flowing at high speed. The said act may cause damage to human life.
Patna High Court CR. MISC. No.35249 of 2025(2) dt.30-07-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. It is further submitted that the petitioner has been remanded in Athmalgola P.S. Case No. 45 of 2024 in which they confessed the alleged offence which has got no evidentiary value in the eyes of law. Except his confessional statement, there is no other substantive evidence to suggest his implication in the alleged offence. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted regular bail by this court vide order dated 21.09.2024 passed in Cr. Misc. No. 48328/2024. The petitioner has nine criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2024.
5. Learned A.P.P. for the State and learned counsel for the IOCL have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.35249 of 2025(2) dt.30-07-2025 3/3 concerned, Barh, Patna in connection with Salimpur P.S. Case No. 292 of 2023, with the conditions:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled (ii). The petitioner is directed to co-operate in the trial before the learned court below.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T