Gulab Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54920 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Gulab Kumar Son of Mohan Yadav Resident of Village -Meora PS -Athamalgola, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Prasad Yadav, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP For the IOCL :
Mr. Raj Kumar, Advocate :
Mr. Rajnish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2026 Heard Mr. Gajendra Prasad Yadav, learned counsel for the petitioner, Mr. Anil Kumar, learned Additional Public Prosecutor for the State as well as Mr. Raj Kumar, learned counsel for the IOCL.
2. Petitioner seeks bail who is in custody since 05.02.2025 in connection with Salimpur P.S. Case No. 03 of 2024, F.I.R. dated 09.01.2024 for the offences punishable under Sections 379, 427, 285, 120(B) of I.P.C and 15(2) & 15(4) of Petrole and Minerals of Pipe Line (Amendment 2011) Act 1962 and 3⁄4 Explosive Substance Act 1908 and 3⁄4 Prevention Damage of Public Property Act and 7EC Act.
3. According to prosecution case, it is alleged that
2/4 some unknown miscreants damaged the LPG pipeline of Paradeep-Haldiya-Barauni-Motihari for the purpose of theft.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the FIR and his name transpired on the basis of confessional statement of coaccused, namely, Sudesh Yadav and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and till date no TIP has been conducted and similarly situated co-accused persons, namely, Md. Dawloo, Sudarshan Lal, Aryan Raj, Pramod Kumar have been granted the privilege of bail by co-ordinate Bench of this Court vide order dated 30.07.2025 and 28.03.2025 in Cr. Misc. No. 35318 of 2025 and Cr. Misc. No. 46393 of 2024. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 05.02.2025 .
5. The learned Additional Public Prosecutor as well as learned counsel for the IOCL have vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries nine criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances
3/4 and the fact that petitioner is not named in the FIR and his name transpired on the basis of disclosure made by co-accused person and similarly situated co-accused persons have been granted the privilege of bail by co-ordinate Bench of this Court, 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 satisfaction of the learned S.D.J.M. Barh, Patna in connection with Salimpur P.S. Case No. 03 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
4/4 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