Nitish KumarversusThe State of Bihar through Vigilance Unit Patna

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13111 of 2026
                       Arising Out of PS. Case No.-94 Year-2025 Thana- VIGILANCE District- Patna
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                 Nitish Kumar S/o late Surendra Prasad Resident of Village- Dargah Road,
                 Lakshami Niwas, near Devi Sthan, Shanichara More, P.S.- Sultanganj, Dist-
                 Patna

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar through Vigilance Unit Patna Patna, Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Rishup, Advocate
                 For the Opposite Party/s :       Mr. Arvind Kumar, Law Officer, Vigilance
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-05-2026                    Heard Mr. Rishup, learned counsel for the petitioner

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

                               2. Petitioner seeks bail who is in custody since

                   01.11.2025 in connection with Special Case No. 64 of 2025

                   arising out of Vigilance P.S. Case No. 94 of 2025, F.I.R. dated

                   31.10.2025 for the offences punishable under Section 7(a) of

                   Prevention of Corruption Act, 1988.

                               3. According to prosecution case, this petitioner has

                   demanded Rs. 1 lakh as bribe from the informant to complete

                   the work.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.13111 of 2026(3) dt.01-05-2026
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          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. It appears from the FIR that

          the recovery has been made from the co-accused, namely,

          Devendra Kumar. As per the allegation in the FIR, on the

          instance of petitioner, the co-accused Devendra Kumar received

          money and except the aforesaid, nothing has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence. He further submits that the Vigilance

          have submitted the charge sheet against the petitioner. The

          petitioner is in custody since 01.11.2025.

                      5. Learned counsel for the Vigilance has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, recovery has been made

          from the possession of the co-accused and Vigilance have

          submitted charge sheet, 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 the learned Special Judge, Vigilance, Patna in

          connection with Special Case No. 64 of 2025 arising out of

          Vigilance P.S. Case No. 94 of 2025, subject to the following

          conditions:-
            Patna High Court CR. MISC. No.13111 of 2026(3) dt.01-05-2026
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                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-

U      T