Sudesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68120 of 2025 Arising Out of PS. Case No.-9 Year-2023 Thana- PANDARAK District- Patna ====================================================== Sudesh Kumar S/o Vishram Singh R/o Mohalla - Bidula, P.S - Bidula, District - Auraiya (Uttar Pradesh) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Indian Oil Corporation Limited, Pipelines Division, Barauni - Kanpur Pipe Line Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pandarak P.S. Case No. 9 of 2023 instituted for the offences under Sections 379 and 511 of the Indian Penal Code and Sections 3⁄4 of the Prevention to Damage of Public Property Act.

3. The allegation against the petitioner along with others is of being engaged in the theft of Petroleum from the Pipe Lines of Indian oil.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR as the same has

Patna High Court CR. MISC. No.68120 of 2025(2) dt.19-09-2025 2/3 been lodged against unknown persons. The name of the petitioner has come into light merely on the basis of suspicion. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 06.03.2024 and has nine criminal antecedents. Learned counsel for the petitioner again submits that the co-accused persons have been granted bail by this Court vide order dated 27.06.2024 passed in Cr. Misc. No. 44524 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner also bears nine criminal antecedents.

6. Considering the facts and circumstances of the case and the period of custody undergone by the petitioner as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioners.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pandarak P.S. Case No. 9 of 2023, Subject to

Patna High Court CR. MISC. No.68120 of 2025(2) dt.19-09-2025 3/3 following conditions:

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) rishi/- U T