Patna High Court
Raja KumarversusThe Vigilance Investigation Bureau, Bihar, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specific conditions.
Summary
Raja Kumar was arrested on 24-12-2025 on allegations of demanding a Rs. 2 lakh bribe to favor an informant in a land dispute, and was caught accepting Rs. 1 lakh. He is charged under Sections 7(a), 7A, and 12 of the Prevention of Corruption Act and Section 61(2) of the Bihar Narcotic Substances Act, 2023. The petitioner, claiming a clean antecedent, applied for bail, while the Vigilance Bureau opposed the relief. The court noted that a charge sheet had been filed and, considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties and imposed strict conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner violates any condition.
Issues considered
- Whether the petitioner is entitled to bail despite the filing of a charge sheet and the seriousness of the offences under the Prevention of Corruption Act and BNS Act.
- Whether the conditions imposed by the court for the grant of bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 61(2)
- Prevention of Corruption Act — s. 12, 7(a), 7A
Subjects
- bail
- corruption
- bribery
- Prevention of Corruption Act
- Bihar Narcotic Substances Act
- vigilance
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26208 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Raja Kumar S/o Krishna Yadav @ Krishna Prasad R/o Village - Dharhara, P.S
- Kako, District - Jehanabad
... ... Petitioner/s
Versus
The Vigilance Investigation Bureau, Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Ranjeet Kumar Pandey, learned counsel
for the petitioner and Mr. Arvind Kumar, learned counsel for the
Vigilance.
2. Petitioner seeks bail who is in custody since
24.12.2025 in connection with Special Case No. 06 of 2026
arising out of Vigilance Case No. 118 of 2025, F.I.R. dated
22.12.2025 for the offences punishable under Sections 7(a), 7A
and 12 of the P.C. Act and Section 61(2) of the BNS, 2023.
3. According to prosecution case, this petitioner is
alleged to have demanded Rs. 2 lakhs as bribe to write the
report in favour of the informant regarding Parimarjan of the
land in question.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.26208 of 2026(2) dt.20-04-2026
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implicated in the present case. He further submits that the
complainant/informant has alleged in the complaint petition/FIR
that the petitioner has demanded Rs. 2 lakhs for writing report in
his favour related to Parimarjan of the land in question and the
petitioner was caught red handed while accepting Rs. 1 lakh as
bribe. He further submits that the petitioner has joined the post
in question on December, 2022 and since then no such
complaint was made against the petitioner and after lodging of
the present FIR the petitioner has been dismissed from the
service by the order of the District Magistrate, Patna. He further
submits that the Vigilance has submitted charge sheet against
the petitioner on 26.02.2026 and petitioner is in custody since
24.12.2025.
5. The learned counsel for the Vigilance has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the charge sheet has been submitted by the vigilance, 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 Special
Judge, Vigilance, Patna in connection with Special Case No. 06
of 2026 arising out of Vigilance P.S. Case No. 118 of 2025,
Patna High Court CR. MISC. No.26208 of 2026(2) dt.20-04-2026
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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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