Created by Fuzzy Cloud

Patna High Court

Jitendra PrasadversusThe State Of Bihar Through the Special Vigilance Unit, Patna

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Jitendra Prasad, a Panchayat Secretary, was arrested on 31‑12‑2025 for allegedly demanding a Rs 10,000 bribe to issue a birth certificate, an offence under Section 7 of the Prevention of Corruption Act. He applied for bail, claiming a clean antecedent and that the FIR was fabricated by the informant. The Special Vigilance Unit opposed the bail. The Court considered the nature of the corruption charge, the petitioner’s custody since December 2025, and the need to ensure his cooperation in trial. It granted bail on a Rs 10,000 bond with two sureties, imposing conditions of personal appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was made subject to cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted to a person accused under Section 7 of the Prevention of Corruption Act for alleged bribery
  • Whether the petitioner’s alleged clean antecedent and claim of fabricated FIR justify bail

Legislation cited

Subjects

  • bail
  • corruption
  • Prevention of Corruption Act
  • Section 7
  • bribery
  • Special Vigilance Unit
  • Panchayat

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26607 of 2026
                       Arising Out of PS. Case No.-28 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Jitendra Prasad S/o Jai Ram Prasad R/o Village and Post - Kushumbha, P.S. -
                 Sheikhpura, Dist. - Sheikhpura, The then Secretary, Daulatpur Panchayat, Ara
                 Sadar, Dist. - Bhojpur.

                                                                            ... ... Petitioner/s
                                                   Versus
                 The State Of Bihar Through the Special Vigilance Unit, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ramakant Sharma, Sr. Advocate
                                                  Mr. Mayank Raj, Advocate
                 For the SVU             :        Mr. Rana Vikram Singh, Law Officer
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                    Heard Mr. Ramakant Sharma, learned senior counsel

                   for the petitioner and Mr. Rana Vikram Singh, learned counsel

                   for the Special Vigilance Unit.

                                2. Petitioner seeks bail who is in custody since

                   31.12.2025 in connection with Special Case No. 12 of 2026

                   arising out of SVU Case No. 28 of 2025, F.I.R. dated

                   30.12.2025 for the offences punishable under Sections 7of the

                   Prevention of Corruption Act.

                                3. According to prosecution case, this petitioner being

                   the Panchayat Secretary was found demanding Rs. 10,000/- as

                   bribe for issuing birth certificate.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.26607 of 2026(2) dt.21-04-2026
                                            2/3




          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. He further submits that the

          petitioner is the Panchayat Secretary and as per the allegation,

          the petitioner has demanded Rs. 10,000/- bribe for issuing birth

          certificate from the informant and while accepting the bribe he

          was caught red handed. He further submits that the petitioner

          has not demanded any bribe from the informant. In fact, the

          informant has planted the entire story. He further submits that

          the Vigilance has submitted the charge sheet against the

          petitioner. The petitioner is in custody since 31.12.2025.

                      5. The learned counsel for the Vigilance has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          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. 12

          of 2026 arising out of SVU Case No. 28 of 2025, 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
            Patna High Court CR. MISC. No.26607 of 2026(2) dt.21-04-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.