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Patna High Court

Devendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner on a bond of Rs 10,000 with conditions.

Summary

Devendra Kumar was arrested on 1 November 2025 in a vigilance case alleging that he demanded and accepted a bribe of Rs 20,000 for granting an electricity connection, an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (amended 2018). He argued that the money was received on the instruction of a junior engineer and that he did not demand it, and that the vigilance department had already filed a chargesheet. The vigilance department opposed bail, pointing to the recovery of the alleged bribe and the petitioner’s involvement in another pending case, although he was on bail in that matter. The High Court examined the nature of the alleged corruption, the petitioner’s custody since November 2025, and the fact that a chargesheet was filed, and ordered his release on bail with a bond of Rs 10,000 and two sureties. The bail was conditioned on the petitioner’s cooperation, regular appearance, non‑tampering with evidence or witnesses, and verification of his criminal antecedents, with no delay for verification.

Issues considered

  • Whether bail can be granted to an accused under Section 7(a) of the Prevention of Corruption Act in a vigilance bribery case
  • Whether the existence of another pending case affects the grant of bail
  • Whether the recovery of the alleged bribe amount precludes bail

Legislation cited

Subjects

  • bail
  • Prevention of Corruption Act
  • bribery
  • vigilance
  • criminal antecedent
  • chargesheet
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11216 of 2026
                       Arising Out of PS. Case No.-94 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Devendra Kumar S/o Satyendra Prasad Resident of village- Badi Paithana,
                 Police Station-Islampur, District- Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Vigilance Department, Bihar, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tej Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr.Ramchandra Sahni, APP
                 For the Vigilance        :       Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                  Heard Mr.Tej Narayan Singh, learned counsel for the

                   petitioner,Mr. Arvind Kumar, learned counsel for the Vigilance

                   and Mr.Ramchandra Sahni, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   01.11.2025 in connection with Vigilance P.S. Case No. 94 of

                   2025, F.I.R. dated 31.10.2025 registered for the offence

                   punishable under Section 7(a) of the P.C.Act, 1988 (Amended

                   2018).

                                3. Allegation against the petitioner is that he was

                   caught red handed while demanding and accepting the bribe

                   amount of Rs.20000/- from the complainant for giving

                   electricity connection.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.11216 of 2026(3) dt.02-04-2026
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          submits that although Rs.20000/-was recovered from possession

          of the petitioner but it appears from the FIR that the petitioner

          has not demanded any amount from the informant and he has

          received the said amount on the instruction of one Nitish

          Kumar, who is Junior Engineer of the Area. Learned counsel for

          the petitioner further submits that the Vigilance has already filed

          the chargesheet in the present case. Petitioner is not required to

          more in the present case and he is in custody since 01.11.2025.

                       5. Learned counsel for the Vigilance has opposed the

          prayer for bail of the petitioner and submits that the amount in

          question has been recovered from possession of the petitioner,

          apart from that, the petitioner carries one more case other than

          the present one but he fairly submits that the petitioner is on bail

          in the said case, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge,Vigilance,

          Patna in connection with Vigilance                   P.S. Case No. 94 of

          2025,with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
               Patna High Court CR. MISC. No.11216 of 2026(3) dt.02-04-2026
                                                           3/3




                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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