Patna High Court
Md. Mujtaba AliversusThe State of Bihar through Vigilance Bihar Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Md. Mujtaba Ali, a police officer, was arrested on 18 December 2025 under Section 7(a) of the Prevention of Corruption Act, 1988 (amended 2018) for allegedly accepting a Rs.5,000 bribe. He contended that the FIR was fabricated, he has a clean antecedent, and the case was motivated by pressure from an informant. The Vigilance Department opposed his bail application. The High Court, after considering the clean antecedent claim and the nature of the offence, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was directed to the Special Judge, Vigilance, Patna.
Issues considered
- Whether bail should be granted to a police officer accused under Section 7(a) of the Prevention of Corruption Act, 1988.
- Whether the petitioner poses a risk of tampering with evidence or fleeing the trial.
- Whether the allegations in the FIR are false and the petitioner is entitled to bail despite the seriousness of the offence.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a)
Subjects
- bail
- Prevention of Corruption Act
- bribery
- police officer
- Vigilance
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28046 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Md. Mujtaba Ali S/O Md. Mumtaj Ali @ Md. Mumtaz Ali R/O Village -
Purkhopatti, P.S- Bahadurpur, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar through Vigilance Bihar Patna 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, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Krishna Prasad Singh, learned counsel for
the petitioner and Mr.Arvind Kumar, learned counsel for the
Vigilance.
2. The petitioner seeks bail, who is in custody since
18.12.2025 in connection with Special Case No.05 of 2026
arising out of Vigilance P.S. Case No. 108 of 2025, F.I.R. dated
11.12.2025 registered for the offence punishable under Section
7(a) of the P.C. Act, 1988(Amended 2018).
3. Allegation against the petitioner is that he caught
while accepting Rs. 5000/- bribe from the complainant.
4. Learned senior counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated. Although, in fact
Patna High Court CR. MISC. No.28046 of 2026(2) dt.27-04-2026
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the petitioner is a police officer and informant has put pressure
upon the petitioner in favour of the informant but the petitioner
has refused the same so he has falsely been implicated in the
present case. Further submits that the Vigilance, after
investigation, submitted the chargesheet against the petitioner
on 11.02.2026 under Section 7(a) of the P.C. Act and the
petitioner is in custody since 18.12.2025.
5. Learned counsel for the Vigilance has opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, 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 learned
Special Judge, Vigilance, Patna in connection with Special Case
No.05 of 2026 arising out of Vigilance P.S. Case No. 108 of
2025,with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
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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)
Nitesh/-
U T
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