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Patna High Court

Raushan Kumar Singh @ Raushan KumarversusVigilance Investigation Bureau through the Superintendent of Police

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond and sureties, and directed his release.

Summary

The petitioner, Raushan Kumar Singh, was arrested for allegedly receiving a Rs.75,000 bribe under Section 7(a) of the Prevention of Corruption Act. His earlier bail petition was rejected, but he was allowed to renew it. He has been in custody since 12 February 2025, and the charge has not yet been framed. The Special Public Prosecutor opposed bail, citing the pending charge framing, while the petitioner’s counsel argued that prolonged detention without charge violated his rights. After hearing both sides, the court granted regular bail on the condition of cooperation in the trial, requiring a bail bond of Rs.10,000 with two sureties. The petitioner was ordered to be released in connection with Special Case No. 03 of 2025.

Issues considered

  • Whether bail should be granted to the accused under Section 7(a) of the Prevention of Corruption Act when the charge has not been framed and the accused has been in custody for a year.

Legislation cited

Subjects

  • bail
  • Prevention of Corruption Act
  • Section 7(a)
  • charge framing
  • vigilance investigation
  • bribery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13840 of 2026
                        Arising Out of PS. Case No.-6 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Raushan Kumar Singh @ Raushan Kumar S/o Rajendra Singh R/o vill -
                 Madanpur, P.S.- Avtar Nagar, Distt.- Saran

                                                                                   ... ... Petitioner/s
                                                    Versus
                 Vigilance Investigation Bureau through the Superintendent of Police Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Sharma, Sr. Advocate
                                                   Mr. Amresh Kumar, Advocate
                 For the Vigilance        :        Mr. Arvind Kumar, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                   Heard learned Senior counsel for the petitioner and

                   learned Special Public Prosecutor for the Vigilance.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 7(a) of the

                   Prevention of Corruption Act.

                                 3. Learned Senior counsel for the petitioner has

                   submitted that earlier the bail petition of this petitioner was

                   rejected vide order dated 03.09.2025 with the liberty to renew

                   his prayer for bail.

                                 4. The case of the prosecution, in short, is that the

                   petitioner was caught red handed receiving Rs.75,000/- as bribe

                   from a complainant whom he has promised to favour.

                                 5. Learned Senior counsel for the petitioner submits
            Patna High Court CR. MISC. No.13840 of 2026(2) dt.25-02-2026
                                                        2/2




                      that the petitioner is in custody since 12.02.2025. Learned

                      Senior counsel for the petitioner has further submitted that the

                      petitioner is in custody since a year and even the charge has not

                      been framed in this case.

                                   6. Learned Special Public Prosecutor appearing for

                      the Vigilance has vehemently opposed the bail of the petitioner

                      and has conceded that the charge has still not been filed but he

                      has assigned other reasons for not framing the charge.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall co-operate in the trial. The above named

                      petitioner is directed to be released on bail in connection with

                      Special Case No. 03 of 2025, arising out of Vigilance

                      Investigation Bureau P.S. Case No. 06 of 2025 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 (North Bihar), Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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