Patna High CourtCR. MISC./55713/2025dismissed

Shankar Jha v. The State Of Bihar

2026-05-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55713 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Shankar Jha son of Dwarikanath Jha RESIDENT OF SANTOSHPUR GOVT. COLONY, MAHESHTALA SOUTH 24, PS- MAHESHTALA DIST- SOUTH 24 PARGANAS WEST BENGAL ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Alka Singh, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 57 of 2025/ NDPS G.R. Case No. 30 of 2025, registered for offences punishable under Sections 8, 15, 17(C), 18(C), 20(b)(ii)(c), 23, 25 of the NDPS Act, Sections 303(2), 287, 317(2), 324(5), 111, 61(2), 62, 3(5) of B.N.S., 2023 Section 15(2), 15(3), 15(4) of Petrol and Mineral Pipe Line Act, Section 3⁄4 of Exclusive Substance Act, 3⁄4 of Prevention of Damage to Public Property Act and Section 7 of E.C. Act.

3. As per the prosecution story, during night patrolling on 16.02.2025, police intercepted an oil tanker truck and a Xylo vehicle near Nawada where the petitioner and their accomplice were attempting to puncture and oil pipeline to steal fuel. The oil tanker truck of the petitioner was used in crime which was given to the driver on monthly rent of Rs. 80,000/-. The coaccused also disclosed that they have kept charas about 1Kg. 50

Patna High Court CR. MISC. No.55713 of 2025(7) dt.05-05-2026 2/2 grams below the seat of tanker.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner has clean antecedent.

5. Learned APP for the State as well as counsel for the I.O.C.L have vehemently opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and also the petitioner is involved in theft of petrol from the pipeline and there is recovery of 1 Kg. 50 grams of charas, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner, this application is dismissed.

7. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Ranjeet/- U T