Patna High Court
Shankar Kumar (Peon) @ Shree Shankar Kumar @ Shree ShankarversusThe State of Bihar through Vigilance Investigation Bureau
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond with two sureties.
Summary
Shankar Kumar, a Class IV peon in the District Civil‑Supervision Team, was arrested in connection with alleged corruption under sections 7(a), 7(c) and 12 of the Prevention of Corruption Act, 1988 and section 61(2) of the Bihar Non‑Observance of Statutes Act. The prosecution alleged that a GST‑paying informant was asked to pay Rs 1,00,000 to the petitioner for the release of a frozen account, and that the petitioner was caught with Rs 75,000. The petitioner contended that he was a mere low‑level employee, that the real mastermind was a senior officer, that the charge‑sheet had already been filed and that he had no prior criminal record. The Vigilance Department’s counter‑affidavit named the senior officer as a co‑accused but did not dispute the petitioner’s claim of innocence. After hearing both sides, the court found no compelling reason to keep the petitioner in custody and ordered his release on regular bail subject to a bond of Rs 10,000 with two sureties and the condition of cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the corruption charges under the Prevention of Corruption Act and the Bihar Non‑Observance of Statutes Act.
- Whether the filing of a charge‑sheet obviates the need for further custodial interrogation of the petitioner.
Legislation cited
- Bihar Non‑Observance of Statutes Act — s. 61(2)
- Prevention of Corruption Act, 1988 — s. 12, 7(a), 7(c)
Subjects
- bail
- Prevention of Corruption Act
- Vigilance
- corruption
- regular bail
- criminal procedure
- low‑level employee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23997 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Shankar Kumar (Peon) @ Shree Shankar Kumar @ Shree Shankar S/o
Mangal Mistry DCST, Saharsha, Circle Saharsha, District - Saharsha
Presently resides at Saraswatinagar, Ward No 1, P.S - Sadar, District - Saharsa
Permanent Address - R/o - Mohanpur, P.S - Nayhalta, District - Saharsha
... ... Petitioner/s
Versus
The State of Bihar through Vigilance Investigation Bureau Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ambrish Kumar, Advocate
Mr. Sudhir Kumar Singh, Advocate
Mr. Mukul Kumar, Advocate
Mr. Saharsh Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner 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),
and 12 of the Prevention of Corruption Act, 1988 and Section
61(2) of the BNS.
3. The case of the prosecution is that the informant,
who runs a firm in name and style of Sameer Tyre House had
deposited a sum of Rs. 12,17,080/- towards G.S.T for the
financial year 2020-21. Despite such deposit, his account was
allegedly put on hold. It is further alleged that in this regard, the
informant met Mr. Praveen Kumar, D.C- ST, Saharsa Circle
Patna High Court CR. MISC. No.23997 of 2026(3) dt.14-05-2026
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Saharsa, who advised him to contact the petitioner, a peon
posted in the office. It is further alleged that when the informant
met the petitioner, he demanded Rs. 1,00,000/- for settlement of
the matter. Thereafter, pre-trap and post-trap memoranda were
prepared and the petitioner was allegedly caught red-handed
with 75,000/- rupees.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It has further been submitted
that petitioner is merely a Class IV employee and that the main
thrust of allegation is against Praveen Kumar at whose instance
and direction, the petitioner allegedly received the money, if
any. It has further been submitted that in this case charge-sheet
has already been submitted and therefore, no further custodial
interrogation of this petitioner is required. It is also submitted
that the petitioner has been in judicial custody since 30.12.2025,
has no criminal antecedent, and undertakes to cooperate in the
trial.
5. Learned counsel for the Vigilance Department has
filled a counter affidavit wherein it has been stated that Mr.
Praveen kumar has also been made a co-accused in the present
case.
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3/3
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Vigilance P.S. Case No. 121 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
court of Additional Sessions-Judge-cum Special Judge
Vigilance, Bhagalpur/concerned Court, subject to the condition
that he shall cooperate in the trial and shall remain present in
trial Court whenever he is required.
(Ashok Kumar Pandey, J)
Jagdish/-
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