Patna High Court
Rajdeep Kumar Paswan @ Rajdeep Paswan @ Rajaswa KarchariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
Petitioner Rajdeep Kumar Paswan, a government employee, was arrested on 2 December 2025 in connection with a vigilance case alleging that he demanded a bribe of Rs.2.5 lakh to facilitate an informant's work, under Sections 7(a), 7(c), 12 and 61(2) of the Prevention of Corruption Act, 1988. The petitioner claimed he had a clean antecedent, that the FIR was fabricated, and that he had not committed any offence, while the prosecution asserted that he was caught red‑handed and had admitted guilt. The court examined the material and the competing submissions and, considering the circumstances, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, the petitioner’s cooperation with the trial, physical presence in court, and non‑tampering with evidence or witnesses. The order also directed verification of the petitioner’s criminal antecedent and provided for cancellation of bail on non‑compliance.
Issues considered
- Whether bail should be granted to an accused under Sections 7(a), 7(c), 12 and 61(2) of the Prevention of Corruption Act, 1988 despite the prosecution’s claim of red‑handed evidence.
- Whether the petitioner’s claim of a clean antecedent and false implication warrants the grant of bail.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 12, 61(2), 7(a), 7(c)
Subjects
- bail
- Prevention of Corruption Act
- bribery
- government employee
- red‑handed evidence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22394 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Rajdeep Kumar Paswan @ Rajdeep Paswan @ Rajaswa Karchari Son of
Rasbihari Paswan R/o Village - Arak, P.S. - Krishna, Brahma, Distt.- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vigilance Investigation Bureau, Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Amit, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
For the Vigilance : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Kumar Amit, learned counsel for the
petitioner, Mr. Arvind Kumar, learned counsel for the Vigilance
and Md. Ataur Rahman, learned Additional Public Prosecutor
for the State.
2. Petitioner seeks bail who is in custody since
02.12.2025 in connection with Vigilance P.S. Case No. 103 of
2025, F.I.R. dated 01.12.2025 for the offences punishable under
Sections 7(a), 7(c), 12 and 61(2) of the Prevention of Corruption
Act, 1988.
3. According to prosecution case, this petitioner
posted as Rajaswa Karmchari demanded Rs. 2,50,000/- as a
bribe for facilitating the work of the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.22394 of 2026(2) dt.08-04-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. He further submits that the
petitioner is Rajaswa Karmchari in the district of Kishanganj
and as per the allegation, the petitioner has demanded Rs.
2,50,000/- from the informant and the petitioner was caught red
handed with the said amount. He further submits that for the
same set of allegation the petitioner has been dismissed from the
service. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 02.12.2025.
5. The learned counsel for the Vigilance as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner has caught red handed with the aforesaid amount in
the trial proceedings and he has accepted his guilt in the present
crime in question.
6. Considering the aforesaid facts and circumstances,
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 Additional
Patna High Court CR. MISC. No.22394 of 2026(2) dt.08-04-2026
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Sessions Judge-II-cum-Special Judge (Vigilance), Bhagalpur in
connection with Vigilance P.S. Case No. 103 of 2025, subject to
the following conditions:-
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
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