Patna High Court
Jitendra PrasadversusThe State Of Bihar Through the Special Vigilance Unit, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Prevention of Corruption Act — s. 7
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
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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
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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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