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Patna High Court

CHANDESHWAR KUMAR @ CHANDESWHAR KUMARversusThe State of Bihar through the Superintendent of Police, Special Vigilance Unit,Patna

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Chandeshwar Kumar, sought bail in a vigilance case alleging violation of Section 7 of the Prevention of Corruption Act and Section 308 of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with others, demanded Rs.12,000 from an informant to reconnect a disconnected electricity meter. The petitioner’s counsel argued that only two co‑accused received Rs.5,000 each, that the petitioner received no money, has no criminal record, and is merely a service provider called by a junior engineer. The vigilance counsel contended that the petitioner acted as a middleman, though conceded he did not receive money. After considering the facts, the court found insufficient grounds to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner, alleged to be a middleman in a corruption case, is entitled to bail despite the charges under Section 7 of the Prevention of Corruption Act and Section 308 of the Bharatiya Nyaya Sanhita.
  • Whether the absence of any monetary receipt by the petitioner negates the charge of corruption.

Legislation cited

Subjects

  • bail
  • prevention of corruption
  • vigilance
  • middleman
  • electricity meter
  • Section 7
  • Section 308
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21424 of 2026
                        Arising Out of PS. Case No.-2 Year-2026 Thana- VIGILANCE District- Patna
                 ======================================================
                 Chandeshwar Kumar @ Chandeswhar Kumar S/o- Vishwanath Ray R/v-
                 Ashok Chowk Nawanagar, Ps- Sahebganj Dist- Muzaffarpur
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar through the Superintendent of Police, Special Vigilance
                 Unit,Patna Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aditya Dev, Advocate
                 For the Vigilance        :        Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                   Heard the parties.

                                 2. The petitioner has prayed for bail in connection with

                   Special Vigilance Unit P.S. Case No.02 of 2026 registered for the

                   offence punishable under Section 7 of the Prevention of

                   Corruption Act and under Section 308 of the Bharatiya Nyaya

                   Sanhita.

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

                   petitioner along with others have demanded Rs.12,000/- from the

                   informant for connecting the electricity meter as it was

                   disconnected due to non-payment.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that from perusal of pre-trap and post-trap

                   memorandum it will be clear that Munchun Ram and Nishant

                   Kumar have taken Rs.5,000/-. Learned counsel for the petitioner

                   has submitted that this petitioner has not taken any cash from

                   anybody. It has further been submitted that the petitioner is not an
            Patna High Court CR. MISC. No.21424 of 2026(2) dt.06-04-2026
                                                        2/2




                      employee of the Electricity department. He gives his services on

                      call by Junior Engineer (J.E.). Learned counsel for the petitioner

                      has further submitted that as no amount of money has been

                      received by the petitioner, there is no allegation against him.

                      Learned counsel for the petitioner has further submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 08.01.2026.

                                   5. Learned counsel for the Vigilance has vehemently

                      opposed the bail and has submitted that the petitioner is the

                      middleman. Learned counsel has conceded that the petitioner has

                      not received any amount.

                                   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 court of learned

                      Special Judge, Vigilance, Patna in connection with Special

                      Vigilance Unit P.S. Case No.02 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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