Arun Yadav @ Arun Kumar @ Arun Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5666 of 2025

Arising Out of PS. Case No.-248 Year-2021 Thana- JHAJHA District- Jamui

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Arun Yadav @ Arun Kumar @ Arun Kumar Yadav S/O Jagdish Yadav Resident of Village- Harbanspur, P.S- Chanan, District- Lakhisarai, presently resides at Eklavya College Road, Shantinagar, Jamui, P.S.- Jamui, DistrictJamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Dipak Kumar, Advocate For the Opposite Party/s : Mrs.Anita Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 13-05-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Jhajha P.S. Case No. 248 of 2021 registered for the alleged offences under Sections 15(2)/15(4) of the Petroleum and Minerals Pipeline Act, 1962 (Amended Act, 2011), Sections 3/4 of the Explosive Substances Act, 1908 and Sections 3/4 of the Prevention of Damage to Property Act, 1984.

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As per prosecution case, unknown miscreants were found stealing crude oil from the pipeline of Indian Oil Corporation by intercepting the supply line. The name of the

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Patna High Court CR. MISC. No.5666 of 2025(3) dt.13-05-2025 2/4

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petitioner transpired during investigation for being involved in the theft of crude oil along with other co-accused persons.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner transpired in this case in the confessional statement of co-accused Rakesh Vishwakarma who has been granted bail by a Co-ordinate Bench vide order dated 24.02.2023 passed in Cr. Misc. No. 64582 of 2022. Except for the confessional statement implicating the petitioner, no other material has come up against the petitioner showing his involvement. Nothing incriminating has been recovered from the person or possession of the petitioner. Even the vehicle seized and allegedly belonging to this petitioner, is not the vehicle of this petitioner and he is neither the owner nor the driver of the said vehicle. Learned counsel further submits that the petitioner has been made accused in this case as he is having criminal antecedent of 12 cases and he is on bail in all such cases. The petitioner is in custody since 22.07.2024 and charge sheet has been submitted.

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Learned APP vehemently oppose the submission made on behalf of the petitioner. Learned APP submits that the

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Patna High Court CR. MISC. No.5666 of 2025(3) dt.13-05-2025 3/4

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petitioner and other co-accused persons not only committed theft of crude oil, but also put the nearby people in danger and as by their act endangered the life of the people living near the vicinity of the place of occurrence.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and 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 Chief Judicial Magistrate, Jamui/concerned Court in connection with Jhajha P.S. Case No. 248 of 2021, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the

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Patna High Court CR. MISC. No.5666 of 2025(3) dt.13-05-2025 4/4

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petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)