Patna High Court – Orders
Md. Dawloo vs The State Of Bihar on 13 August, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33404 of 2025
Arising Out of PS. Case No.-73 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
Md. Dawloo S/o Md. Jamal R/o Noorsarai Bazar Sah Salempur, P.S.-
Noorsarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
Mr. Samir Kumar Bharti, Advocate
Mr. Satyendra Prasad Singh, Advocate
For the State : Mr.Parmeshwar Mehta, APP
For the I.O.C.L. : Mr. Raj Kumar, Advocate
Mr. Sarvottam Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 13-08-2025
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel appearing on behalf of Indian
Oil Corporation Limited.
2. In the present case, the petitioner seeks bail in
connection with Bakhtiarpur P.S. Case No. 73 of 2024,
registered on 11.02.2024 for the alleged offences under Sections
379, 285, 411, 427, 440, 120B/34 of the Indian Penal Code,
Sections 15(2), 15(4), 16 of Petroleum and Minerals Pipelines
(Acquisition of Right of User in Land) Act, 1962, Sections 3/4
of Explosive Substances Act, Sections 3/4 of Prevention to
Damage of Public Property Act and Section 7 of Essential
Commodities Act.
Patna High Court CR. MISC. No.33404 of 2025(3) dt.13-08-2025
2/4
3. As per prosecution case, unknown thieves
committed theft of petroleum product from the IOCL pipeline
by tampering with the pipeline from Barauni to Patna. The name
of the petitioner transpired during investigation for being
involved in such crime.
4. Learned counsel appearing on behalf of petitioner
submits that he has been falsely implicated in this case. The
name of the petitioner transpired in this case on the basis of his
confessional statement recorded in Athmalgola P.S. Case No. 45
of 2024 when he was arrested in the said case. Nothing
incriminating has been recovered from the person or possession
of the petitioner. No substantive material came up during
investigation showing the involvement of the petitioner. Learned
senior counsel further submits that the petitioner has been made
accused in altogether seven cases. The petitioner has been
remanded in this case on 12.03.2024 and charge sheet has been
submitted.
5. Learned APP as well as learned counsel appearing
on behalf of Indian Oil Corporation Limited vehemently oppose
the submission made on behalf of the petitioner. Learned
counsel appearing on behalf of Indian Oil Corporation Limited
submits that the petitioner is a habitual offender and committed
Patna High Court CR. MISC. No.33404 of 2025(3) dt.13-08-2025
3/4
theft of the petroleum product from the pipeline of Indian Oil
Corporation Limited.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
lack of substantive material showing the involvement of the
petitioner with the offence as alleged and further considering the
period of custody of the petitioner and submission of charge
sheet, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-III, Barh,
Patna/concerned Court in connection with Bakhtiarpur P.S. Case
No. 73 of 2024, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bonds of the
Patna High Court CR. MISC. No.33404 of 2025(3) dt.13-08-2025
4/4petitioner will be liable to be cancelled
by the court concerned.
7. However, the learned trial court will verify about
the recovery from the petitioner and if it is found that the
recovery has been made from the petitioner then bail bonds will
not be accepted.
(Arun Kumar Jha, J)
DKS/-
U T
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