Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 7 May 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The court allowed the bail application, directing the petitioner’s release on bail with specified conditions.

Summary

The petitioner, a revenue officer, was arrested on a charge of taking a Rs.5,000 bribe under Section 7(a) of the Prevention of Corruption Act. He applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The vigilance prosecution opposed bail, asserting that the petitioner had taken illegal gratification. The court examined the facts, noting the absence of any allegation of tampering, the filing of a charge sheet, and the petitioner's clean antecedents. Considering these circumstances, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation and appearance. The application for bail was therefore allowed.

Issues considered

Whether bail can be granted to a person charged under Section 7(a) of the Prevention of Corruption Act
Whether the petitioner's lack of criminal antecedents and willingness to cooperate justify the grant of regular bail

Legislation cited

Prevention of Corruption Act — s. 7(a)

Subjects

bail
Prevention of Corruption Act
Section 7(a)
bribery
vigilance
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23034 of 2026
                       Arising Out of PS. Case No.-112 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Rahul Kumar S/o- Birendra Thakur R/o vill- Dama, P.S.- Jagdishpur, Distt.-
                 Bhojpur, at present-Rajaswa Karmchari Anchal office, Patharghat, Dist-
                 Saharasa.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Amit, Advocate
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, APP
                                                   Mr. Arvind kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   07-05-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the Vigilance.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Vigilance P.S. Case No.

                   112 of 2025 dated 15.12.2025 registered for the offences

                   punishable under Section 7(a) of the Prevention of Corruption

                   Act.

                                3. As per the prosecution case, the petitioner being a

                   Revenue Officer is alleged to have taken Rs. 5,000/- as bribe

                   money.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the case. It has further

                   been submitted that it is the petitioner who is the first offender.
Patna High Court CR. MISC. No.23034 of 2026(3) dt.07-05-2026
                                            2/3




          The petitioner is in custody since 16.12.2025 and he has got no

          criminal antecedent. It is further submitted that charge sheet has

          been filed in this case. There is no allegation of tampering

          against the petitioner. It is further submitted that the petitioner is

          ready to co-operate in the trial.

                       5. Learned counsel for the Vigilance has vehemently

          opposed the prayer for bail of the petitioner by submitting that

          the petitioner was found to have been taken illegal gratification.

                       6. Heard the parties and perused the records.

                       7. Considering the aforesaid facts and circumstances

          of the case, the petitioner above-named is directed to be

          enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Additional Sessions Judge-II-cum-

          Special Judge (Vigilance), Bhagalpur in connection with

          Vigilance P.S. Case No. 112 of 2025, with the following

          conditions:-

                       (i). The petitioner is directed to co-operate in the trial

          and be well represented on each and every date fixed in the trial

          and failure to appear on two consecutive dates, the court below

          would be at liberty to cancel the bail bonds of the petitioner.

                       (ii). It is further directed that if the petitioner gets
             Patna High Court CR. MISC. No.23034 of 2026(3) dt.07-05-2026
                                                         3/3




                       involved subsequently in similar nature of offence, the State

                       would be at liberty to file appropriate application for

                       cancellation of bail bonds.

                                    8. The application stands allowed.



                                                     (Praveen Kumar, J)
atul/-

U        T

Continue reading with your account

Checking your session…