← Library
Patna High CourtCR. MISC./71386/2025dismissed

Palas Naskar v. The State Of Bihar

2026-01-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71386 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- KOTWA District- East Champaran ====================================================== PALAS NASKAR S/o- Late Manik Chandra Naskar R/v- 8/X Rahim Ostagar Road Ps- Lake Dist- Kolkata W.B ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

IOCL (Indian Oil Corporation Limited) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka Singh, Advocate For the State :

Mr. Shailendra Kumar, APP For the IOCL :

Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner as well as IOCL and learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Kotwa P.S. Case No. 57 of 2025/ N.D.P.S. G.R. No. 30 of 2025, registered for the offences punishable under Sections 8, 15, 17(C), 18(C), 20(b)(ii)(c), 23, 25 of the NDPS Act, Section 303(2), 287, 317(2), 324(5), 111, 61(2), 62(2), 3(5) of BNS, Section 15(2), 15(3), 15(4) of Petroleum and Mineral Pipe Line, Section 3⁄4 of Exclusive Substance Act, 3⁄4 of Prevention of Damage to 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 and a Xylo vehicle near Nawada where the petitioners and their accomplics were attempting to puncture and oil pipeline to steal fuel. Upon their arrest

Patna High Court CR. MISC. No.71386 of 2025(2) dt.13-01-2026 2/2 and search, 1.05 kg of charas and various house-breaking instruments were recovered from tanker.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It has further been submitted that recovery has been made from oil tanker and the petitioner is only driver of the said oil tanker. Nothing has been recovered from conscious physical possession of the petitioner. The petitioner is in custody since 18.02.2025.

5. On the other hand, the learned counsel for the IOCL opposed the prayer for bail and submitted that while extracting out the oil from gas pipeline, the petitioner along with other co-accused persons were arrested at the place of occurrence. He has further submitted that 1.05 kg of charas was also recovered from the oil tanker. It has further been submitted that the petitioner is a member of an organized gang and has eight criminal antecedents of similar nature.

6. Considering the above-mentioned facts and circumstances, in my view, the petitioner does not deserve bail. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) priyanka/- U T