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Patna High Court

Abhishek Kumar @ TuntunversusState of Bihar through Vigilance Department, Government of Bihar, Patna

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.

Summary

The petitioner, Abhishek Kumar, applied for regular bail in a case registered under sections 319(2), 318(4), 3(5) of the Bharatiya Nyaya Sanhita and sections 7 and 13(1)(a) of the Prevention of Corruption Act, alleging that he was a private driver and not a government official and that the alleged extortion of Rs. 65,000 was transferred to a third party's account. The petitioner claimed innocence, a clean antecedent, and had been in custody since 29 January 2026. The State, represented by the Vigilance Department, opposed the bail. The court considered the nature of the accusations, the petitioner’s clean record, and the period of custody, and decided to grant bail. The petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur.

Issues considered

  • Whether regular bail should be granted to the petitioner despite charges of extortion and corruption under the Bharatiya Nyaya Sanhita and the Prevention of Corruption Act
  • Whether the petitioner’s claim of being a private driver and having no authority affects the bail decision

Legislation cited

Subjects

  • bail
  • criminal law
  • extortion
  • corruption
  • Bharatiya Nyaya Sanhita
  • Prevention of Corruption Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26428 of 2026
                        Arising Out of PS. Case No.-329 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Abhishek Kumar @ Tuntun S/o Naresh Singh Resident of - Ismailpur, P.S -
                 Hajipur Sadar, District - Vaishali

                                                                                    ... ... Petitioner/s
                                                    Versus
                 State of Bihar through Vigilance Department, Government of Bihar, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                   Mr. Prakash Chandra, Advocate
                 For the Vigilance        :        Mr. Anil Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner seeks regular bail in connection with

                   Hajipur P. S. Case No. 329 of 2025 registered for the offences

                   punishable under Sections 319(2), 318(4), 3(5) of the Bharatiya

                   Nyaya Sanhita and Sections 7, 13(1)(a) of the Prevention of

                   Corruption Act.

                                 3. As per F.I.R., this petitioner demanded Driver’s

                   License and transit pass (Challan) from the informant, claiming

                   that his truck was overloaded and papers were fake. It is further

                   alleged that the accused took Rs. 65,000/- from the informant

                   through PayTM in three installments in the account of Kishan

                   Kumar Srivastava.
              Patna High Court CR. MISC. No.26428 of 2026(2) dt.08-05-2026
                                                          2/2




                                     4. Learned counsel for the petitioner submits that

                        petitioner is innocent and has committed no offence. As a matter

                        of fact, petitioner was a private driver for a white Scorpio of co-

                        accused Santanu (Mines Sub-Inspector) and not a Government

                        employee as such, he had no authority and never demanded the

                        Challan of informant. Furthermore, the extorted amount was

                        transferred into the account of Kishan Kumar Srivastava and

                        petitioner has got no concern with the same. Petitioner claims

                        clean antecedent and is in custody since 29.01.2026.

                                     5. However, learned counsel for the Vigilance

                        Department vehemently opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to 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, North Bihar, Muzaffarpur

                        in connection with Hajipur P. S. Case No. 329 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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