Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010026782025
2025:GAU-AS:2028
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./395/2025 SANTOSH KUMAR SINGH S/O DEEPNARAYAN SINGH, PERMANENT RESIDENT OF VILL- RUPAULLI, P.S. SARAIYA, DIST. MUZAFFARPUR (BIHAR) AND CURRENT R/O VILL- GAJALI,P.S.DIMOW, DIST.SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A S CHOUDHURY,SAMIM RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER 27-02-2025 Heard Mr. S. Nawaz, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Santosh Kumar Singh, son of Deepnarayan Singh, resident of Village-Rupaulli, Police Station-Saraiya, District-Muzaffarpur (Bihar), presently resident of Village-Gajali, Police Station-Dimow, District-Sivasagar has filed this application under Section 483 BNSS, 2023, on 10.02.2025 seeking bail in Nagaon P.S. Case No. 52/2025 corresponding to G.R. No. 150/2025 registered under Sections 61(2)/303(2) of the BNS, 2023, read with Section 23 of the Petroleum Act, 1934, read with Sections 15(2)/15(4) of the Petroleum and Minerals Pipelines (Acquisitions of Right of User in Land), Act and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984, wherein, he was arrested on 24.01.2025 and is in custody since then. 3. As per the FIR dated 16.01.2025 the case is that the Chief Engineer, (Operation) PS4 of Oil India Limited for Executive Director (Pipelines), Oil India Limited lodged a complaint before the Nagaon Police Station stating that OIL control room at Numuligarh informed the authorities of Oil India Limited that there was a pressure drop in the product pipeline (NSPL) from 0148 hrs around Purani Gudam area about which Oil India Limited accordingly informed the Additional SP(C) over phone. Subsequently, a team was mobilized and on inspection of site, it was found that there was unauthorised fittings at their pipeline (NSPL PL Km 117) at Bherbheri Gaon near Maha Mritunjay Mandir. On receipt of such information by Itachali Police Station under the jurisdiction of Nagaon Police Station, GD Entry No.258 dated 16.01.2025 at Itachali Outpost was recorded and forwarded to the Nagaon Police Station for registration of the case.
Accordingly, Nagaon P.S. Case No. 52/2025 corresponding to G.R. No. 150/2025 under Sections 61(2)/303(2) of the BNS, 2023, read with Section 23 of the Petroleum Act, 1934, read with Sections 15(2)/15(4) of the Petroleum and Minerals Pipelines (Acquisitions of Right of User in Land), Act and Sections 3/4 of the Prevention of Damage to Public Property
Page No.# 3/4 Act, 1984 was registered. 4. During investigation of the case, many of the accused persons including the petitioner were arrested in said Nagaon P.S. Case No. 52/2025. It is seen that the petitioner is the Manager of IOC, Gajali Petrol Pump Station situated at Demow, Sivasagar. During investigation of said Nagaon P.S. Case No. 52/2025, it was found that he has given shelter to the prime accused, allowed him to park the Oil tanker which was loaded with stolen oil. The accused petitioner also allowed the other prime accused to unload the stolen oil into another tanker and 20 liter drums for the sake of some money. It is seen that the oil tanker that was loaded with stolen oil was recovered from the pump station of the petitioner, where it was parked for four days. 5. Considering such materials in the case diary and the period of detention of the petitioner in custody since 24.01.2025 in said Nagaon P.S. Case No. 52/2025, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Nagaon P.S. Case No. 52/2025. As such, this bail application of the petitioner in said Nagaon P.S. Case No. 52/2025 is accepted. 6. Accordingly, the petitioner, namely, Santosh Kumar Singh, son of Deepnarayan Singh is granted bail in said Nagaon P.S. Case No. 52/2025 on furnishing a bail bond of Rs.
50,000/- with two local sureties each of the like amount, one of which shall be a Government Employee, either State or Central Government, to the satisfaction of the learned Chief Judicial Magistrate, Nagaon on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Nagaon P.S. Case No. 52/2025 as and when he is required for necessary investigation of said Nagaon P.S. Case; (ii) shall surrender his passports, if any, before the learned Chief Judicial Magistrate, Nagaon on or before 06.03.2025; (iii) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Nagaon, without obtaining prior written permission from the said authority; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (vi) he shall not involve himself in any criminal activities in future. Page No.# 4/4
7. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Nagaon P.S. Case No. 52/2025 shall stand automatically vacated. 8. Bail application accordingly, stands allowed to the extent above. 9. Return the case diary. JUDGE Comparing Assistant