Patna High Court
Sri Brij Mohan Lal @ Brijmohan LalversusThe State of Bihar through Vigilance, Bihar Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the filing of the charge‑sheet, bail should be granted subject to specified conditions.
Summary
The petitioner, a clerk at Sub‑Divisional Hospital, Daudnagar, was arrested on 20‑01‑2026 in connection with a vigilance case alleging that he demanded Rs.3000 from a complainant for marking attendance while she was on leave. The petitioner claimed he had a clean antecedent, the salary had already been credited, and the allegation was false. The Vigilance Department filed a charge‑sheet on 16‑03‑2026 under Section 7(a) of the Prevention of Corruption Act, 1988, and opposed bail. The court considered the petitioner’s clean record, the filing of the charge‑sheet, and the lack of necessity for his continued custody, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge, Vigilance, Patna.
Issues considered
- Whether bail should be granted to the accused under Section 7(a) of the Prevention of Corruption Act, 1988 considering the filing of a charge‑sheet.
- Whether the accused’s clean antecedent warrants bail despite the seriousness of the alleged offence.
- What conditions may be imposed on bail in a vigilance case.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a)
Subjects
- bail
- Prevention of Corruption Act
- Section 7(a)
- vigilance
- clean antecedent
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27945 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Sri Brij Mohan Lal @ Brijmohan Lal Son of Late Bhadai Lal Resident of
Village- Arai PS- Daudnagar District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar through Vigilance, Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
: Mr. Rakesh Singh, Advocate
For the Vigilance : Mr. Arvind Kumar, Law Officer
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Krishna Prasad Singh, learned senior
counsel for the petitioner as well as Mr. Arvind Kumar, learned
counsel for the Vigilance Department.
2. Petitioner seeks bail who is in custody since
20.01.2026 in connection with Special P.S. Case No. 14 of 2026
arising out of Vigilance P.S. Case No. 09 of 2026, F.I.R. dated
15.01.2026 for the offences punishable under Sections 7(a) of
the P.C. Act, 1988.
3. According to prosecution case, it is alleged that the
petitioner demanded Rs.3000/- from the complainant for
marking attendance of the duty, when she was on leave.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.27945 of 2026(2) dt.27-04-2026
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implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Petitioner is a clerk at Sub-
Divisional Hospital, Daudnagar and as per allegation, he
demanded Rs.3000/- from the complainant. He next submits that
the complainant was on leave from 24.10.2025 to 02.11.2025
and the salary in question had already been credited in her
account and there is no occasion for the petitioner to demand
bribe from the complainant. He further submits that the
Vigilance Department after investigation submitted the charge
sheet against the petitioner on 16.03.2026 and the petitioner is
in custody since 20.01.2026.
5. The learned counsel for the Vigilance Department
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the Vigilance Department,
after completing its investigation, has submitted the charge sheet
against the petitioner; therefore, the petitioner’s presence is no
longer required in the present case, 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 Vigilance P.S. Case No. 09 of 2026,
Patna High Court CR. MISC. No.27945 of 2026(2) dt.27-04-2026
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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
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)
Suruchi/-
U T
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