Patna High Court
Akhilesh SahversusThe State of Bihar through the Vigilance Investigation Bureau, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Akhilesh Sah, a revenue employee, was arrested for allegedly accepting a bribe of Rs. 45,000 under Sections 7(a) and 7(c) of the Prevention of Corruption Act, 1988. He had been in custody since 4 February 2026 and filed a bail application. The petitioner’s counsel argued that the charge-sheet had been filed, there were no allegations of evidence tampering or witness intimidation, and that the petitioner was automatically suspended upon arrest. The court, noting the filing of the charge-sheet and the absence of any misconduct while in custody, granted bail on a bond of Rs. 10,000 with two sureties, subject to the condition of cooperating with the trial. The order was limited to the bail application and did not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Sections 7(a) and 7(c) of the Prevention of Corruption Act, 1988 when the charge-sheet is filed and there is no allegation of tampering with evidence or intimidation of witnesses.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a), 7(c)
Subjects
- bail
- Prevention of Corruption Act
- bribery
- vigilance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27493 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Akhilesh Sah S/O Kashi Sah R/O Vill.- Nonar, P.S.- Ramgarh, Dist.- Kaimur,
Presently posted as Revenue Karamchari, Rajgir Circle, Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar through the Vigilance Investigation Bureau, Patna Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.
Mr.Rakesh Kumar Sharma
For the Opposite Party/s : Mr.Arvind Kumar, Vigilance
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Vigilance P.S. Case No. 12 of 2026 registered for the offence
under Sections 7(a), 7(c) of the Prevention of Corruption Act,
1988.
3. As per the prosecution case, the petitioner, who
was working as a Revenue Karamchari, was trapped accepting
bribe of Rs. 45,000/-.
4. The petitioner is in custody since 4.2.2026.
5. Learned senior counsel for the petitioner submits
that charge-sheet has been submitted in this case and there is no
allegation against the petitioner that while in custody, he has
tried to tamper with the evidence or had threatened the
witnesses. He further submits that once the petitioner is arrested
he has automatically been suspended.
6. Considering the period of custody and the
Patna High Court CR. MISC. No.27493 of 2026(3) dt.13-05-2026
2/2
submission of the charge-sheet, this application is allowed.
7. 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 concerned Court below in connection with Vigilance
P.S. Case No. 12 of 2026.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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