Patna High Court
Abhishek Kumar @ TuntunversusState of Bihar through Vigilance Department, Government of Bihar, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 3(5)
- Prevention of Corruption Act — s. 13(1)(a), 7
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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