Patna High Court
CHANDESHWAR KUMAR @ CHANDESWHAR KUMARversusThe State of Bihar through the Superintendent of Police, Special Vigilance Unit,Patna
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita — s. 308
- Prevention of Corruption Act — s. 7
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/-
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