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Patna High Court

Shishir RoyversusThe State of Bihar through the Vigilance Investigation Bureau Patna

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with specified conditions.

Summary

Shishir Roy, an accountant with the Local Engineering Division, Khagaria, was arrested on 10 January 2026 for allegedly demanding a bribe of Rs.20,000 to facilitate the payment of a contractor's bill, an offence punishable under Section 7(a) of the Prevention of Corruption Act. The prosecution alleged that Rs.18,000 was recovered from Roy and a subsequent raid yielded Rs.3,56,000, leading to a charge sheet in Vigilance P.S. Case No. 04 of 2026. Roy's counsel argued that he has a clean antecedent and that the charge sheet alone does not justify continued detention, seeking bail. The Special Public Prosecutor opposed bail, emphasizing the seriousness of the corruption charge. The court, noting Roy's clean record and the principle of bail for non-violent offences, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge‑Special Judge (Vigilance) in Bhagalpur.

Issues considered

  • Whether bail can be granted to an accused under Section 7(a) of the Prevention of Corruption Act considering the nature of the alleged offence.
  • Whether the petitioner’s clean antecedent and the circumstances of the case justify the grant of bail.

Legislation cited

Subjects

  • bail
  • Prevention of Corruption Act
  • Section 7(a)
  • vigilance
  • bribery
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24179 of 2026
                        Arising Out of PS. Case No.-4 Year-2026 Thana- VIGILANCE District- Patna
                 ======================================================
                 Shishir Roy S/o Radha Kant Roy R/o Village - Krishnanagar, P.S - Saharsa,
                 District - Saharsa Presently posted as Accountant, Local Engineering
                 Division, Khagaria

                                                                               ... ... Petitioner
                                                     Versus
                 The State of Bihar through the Vigilance Investigation Bureau Patna Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rama Kant Sharma, Sr. Advocate
                                          :        Mr. Rakesh Kumar Sharma, Advocate
                 For the Vigilance        :        Mr. Arvind Kumar. Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                       Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   10.01.2026 in connection with Vigilance P.S. Case No. 04 of

                   2026 for the offence punishable under Section 7(a) of

                   Prevention of Corruption Act.

                                3. The prosecution case, in brief, is that one Sanjay

                   Kumar, who is grade IV contractor having registration in the

                   name and style of Kalyani Construction. He was awarded a

                   contract from Local Engineering Works Division, Khagaria and

                   entered into an agreement vide Agreement No. 16F2/2024-2025

                   and allotment amount of the same was Rs.10,50,000/-. He

                   executed the work and Local Engineering Works Division also
Patna High Court CR. MISC. No.24179 of 2026(2) dt.15-04-2026
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          gave transfer certificate on 18.06.2025. Then he met the

          accountant of the division on 03.01.2026 in his office and asked

          about payment of his bill as he has completed the work. But the

          payment has not been made on which Shishir Roy, accused-

          petitioner told that one challan of sand which he has submitted

          in bill is in photocopy. Even if it is genuine of photocopy it

          cannot be passed and if he wants to get his bill passed on that

          photocopy, he has to first pay his commission then he has asked

          how much he has to pay then in clear words twenty thousand

          rupees was demanded for passing the bill. Since he does not

          want to give the bribe he lodged the complaint before Vigilance

          Investigation Bureau, Patna.

                      4. Learned Senior Counsel for the petitioner submits

          that petitioner has clean antecedent. Learned Senior Counsel for

          the petitioner further submits that as per the allegation as alleged

          in the FIR, the petitioner has demanded Rs.20,000/- from the

          informant for clearing the bill of the informant and Rs.18,000/-

          was recovered from the possession of the petitioner. After that,

          raid was conducted in the house of the petitioner where

          altogether Rs.3,56,000/- was also recovered from the house of

          the petitioner. Learned Senior Counsel for the petitioner next

          submits that although recovery has been made in pre-trap and
Patna High Court CR. MISC. No.24179 of 2026(2) dt.15-04-2026
                                            3/4




          post-trap memorandum but the petitioner has falsely been

          implicated in the present case and police after investigation

          submitted the charge sheet against the petitioner and petitioner

          is in custody since 10.01.2026 and since the charge-sheet has

          been submitted against the petitioner so there is no need to keep

          the petitioner in custody.

                      5. The learned Spl.P.P. for the Vigilance has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that petitioner is a person with clean antecedent, 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 District and

          Additional Sessions Judge-II-cum-Special Judge (Vigilance)

          Bhagalpur in connection with Vigilance P.S. Case No. 04 of

          2026, 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
           Patna High Court CR. MISC. No.24179 of 2026(2) dt.15-04-2026
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                     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)
Gaurav Sinha/-

U      T


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