Patna High Court
Nishant KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Nishant Kumar was arrested on 8 January 2026 for allegedly accepting a bribe of Rs.5,000 in connection with an electricity meter installation, alleged under Section 308 of the BNS, 2023 and Section 7 of the Prevention of Corruption Act, 1988 (amended 2018). The petitioner claimed he had a clean antecedent and that the FIR was fabricated, seeking bail after more than three months in judicial custody. The Special Vigilance Unit and the State opposed the bail, arguing the seriousness of the alleged offence. The Court examined the petitioner's claim of innocence, the length of custody, and the lack of prior convictions, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a case of alleged bribery under Section 308 of BNS, 2023 and Section 7 of the Prevention of Corruption Act, 1988.
- Whether the petitioner’s clean antecedent and the duration of pre‑trial custody justify release on bail.
Legislation cited
- BNS, 2023 — s. 308
Subjects
- bail
- bribery
- corruption
- Prevention of Corruption Act
- Section 308
- judicial custody
- vigilance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28084 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Nishant Kumar S/O Chhotelal Sah R/V- Sahebganj, P.o- Karnaul, P.s-
Sahebganj, District- East Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Special Vigilance Unit (SVU) at Patna Vigilance Dept, Bihar 4th floor
Sanchar Bhawan Bailey Road, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parvin Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
For the SVU : Mr. Rana Vikram Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr.Parvin Kumar, learned counsel for the
petitioner, Mr. Rana Vikram Singh, learned counsel for the
Vigilance and Mr.Ajay Kumar Jha, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
08.01.2026 in connection with SVU P.S. Case No. 02 of 2026,
F.I.R. dated 07.01.2026 registered for the offence punishable
under Section 308 of BNS, 2023 and Section 7 of the P.C.Act,
1988 (Amended 2018).
3. Allegation against the petitioner is that he
alongwith other co-accused persons were caught red handed
while accepting the bribe of Rs. 5000/- from the complainant for
re-connection and installation of new meter.
Patna High Court CR. MISC. No.28084 of 2026(2) dt.27-04-2026
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4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. The
informant has alleged that the petitioner has demanded Rs.
12,000/- (Twelve Thousand) from the complainant/informant to
install the electricity connection and thereafter the informant has
informed the Vigilance and thereafter raid was conducted and
the petitioner was arrested with Rs. 5,000/-. Learned counsel for
the petitioner submits that the Vigilance, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is not required to be more in judicial custody and he is
in custody since 08.01.2026.
5. Learned counsel for the Vigilance and learned APP
for the State have opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, 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 SVU P.S. Case No. 02 of 2026,with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.28084 of 2026(2) dt.27-04-2026
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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
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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