Patna High Court
Yogendra SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Yogendra Sah, a Home Guard, was arrested on charges under Sections 7(a), 7(c) and 12 of the Prevention of Corruption Act and Section 61(2) of the B.N.S. for allegedly demanding Rs.20,000 to assist an informant. The prosecution claimed he was caught red‑handed in a pre‑ and post‑trap with Rs.15,000 and that he admitted receiving the money. The petitioner contended he was innocent, that the money was for an S.I., and that he had no prior criminal record, having been in judicial custody since 18‑12‑2025. The State and the Vigilance Department opposed bail, citing the alleged red‑handed catch and his statement. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioner to be released on a Rs.10,000 bond with two sureties.
Issues considered
- Whether bail should be granted in a case of alleged corruption under the Prevention of Corruption Act and Section 61(2) of the B.N.S. despite the prosecution’s claim of a red‑handed catch and admission.
Legislation cited
- B.N.S. — s. 61(2)
- Prevention of Corruption Act — s. 12, 7(a), 7(c)
Subjects
- bail
- corruption
- Prevention of Corruption Act
- Home Guard
- red-handed catch
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16005 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Yogendra Sah S/o- Late Rambrikh Sah Resident of Village- Dhumbha PS-
Sahiara, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance Department, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Raj Ballabh Singh, APP
For the Vigilance : Mr. Arvind Kumar, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Vigilance Department.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 7(a), 7(c) 12
of Prevention of Corruption Act and Section 61(2) of the B.N.S.
3. The case of the prosecution, in short, is that the
petitioner and one other have demanded Rs. 20,000/- for helping
the informant in a case.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Leaned
counsel for the petitioner has submitted that petitioner is a Home
Guard and he was apprehended in pre and post-trap with Rs.
15,000/-. It has further been submitted that he has stated in his
Patna High Court CR. MISC. No.16005 of 2026(3) dt.20-04-2026
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application that he has received the sum for Rachita Bharti, the
S.I. It has further been submitted that petitioner is a Home Guard
and main thrust of allegation is against the S.I. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 18.12.2025.
5. Learned APP appearing for the State and learned
counsel for the vigilance have vehemently opposed the application
for bail. Learned counsel for the Vigilance has submitted that the
petitioner has been caught red handed in pre and post-trap and he
has also given his statement that he has received the sum.
6. 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. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Spl. Judge
(Vigilance) North Bihar, Muzaffarpur in connection with Vigilance
P.S. Case No. 109 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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