Patna High Court
Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Prevention of Corruption Act, 1988 — s. 7(a)
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
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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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