Patna High CourtCR. MISC./37978/2025bail granted

Md. Dawloo @ Md. Dabloo v. The State Of Bihar

2025-07-02Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37978 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- BARH District- Patna ====================================================== Md. Dawloo @ Md. Dabloo S/O Md. Jamal R/O Village- Noorsarai Bazar Sah Salempur, P.S- Noorsarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar 2.

Subham Jain Manager (Nirichhan),S/O Sunil Kumar Jain I.O.C. Ltd. Pipe Line Division, Barauni-Kanpur Pipe Line, P.S- Barauni, Distt.- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP For the Informant(I.O.C.): Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-07-2025 Heard Mr.Anil Kumar Singh, learned counsel for the petitioner, Mr. Raj Kumar, learned counsel for the informant and Mr.Anand Kishore Choudhary, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 21.03.2024 in connection with Barh P.S. Case No.50 of 2024, F.I.R. dated 20.01.2024 registered for the offence punishable under Sections 285,379,511,120(B)of IPC and Section 15(2),15(4) of Petroleum and Miner Pipe Line Act, 1962.

3. As per the prosecution case, some unknown persons tried to steal the petroleum materials with conspiracy.

4. Learned counsel appearing for the petitioner submits that the petitioner is in custody since 21.03.2024 and

Patna High Court CR. MISC. No.37978 of 2025(2) dt.02-07-2025 2/3 the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, R.N.Raj. Further submits that nothing has been recovered from conscious possession of the petitioner and similarly situated co-accused persons, namely, Sudarshan Lal and others have been granted regular bail by this Court vide order dated 21.09.2024 passed in Cr. Misc. No.46463/2024 and co-accused person, namely, Manish Kumar has also been granted regular bail by this Court vide order dated 21.09.2024 passed in Cr. Misc. No.52208 of 2024.

5. Learned counsel for the I.O.C. and learned APP for the State have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries nine more cases of almost similar nature other than the present one.

6. Considering the aforesaid fact, similarly situated co-accused persons have been granted regular bail by this Court and the period of custody, 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 amount each to the

Patna High Court CR. MISC. No.37978 of 2025(2) dt.02-07-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna in connection with Barh P.S. Case No.50 of 2024, with 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/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T