Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Mithilesh Kumar, a resident of Nalanda district, was arrested on 7 December 2025 in connection with a vigilance case alleging that he demanded and accepted a bribe of Rs. 1,50,000 while facilitating a payment of dues of Rs. 50,98,752. He was charged under Section 7(a) of the Prevention of Corruption Amendment Act, 2018, and a charge‑sheet was filed on 30 January 2026. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and is not competent to act as an informant, seeking bail. The vigilance department and the informant opposed bail, contending that the petitioner had not cooperated with the investigation and that pre‑ and post‑trap records were identical. The court, after considering the submission of the charge‑sheet and the petitioner’s lack of necessity in the investigation, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriateness of granting bail to a person charged under Section 7(a) of the Prevention of Corruption Amendment Act, 2018?
- Whether the petitioner’s alleged lack of cooperation and the existence of pre‑ and post‑trap records justify denial of bail?
Legislation cited
Subjects
- bail
- prevention of corruption
- Section 7(a)
- vigilance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31262 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Mithilesh Kumar S/O Late Ambika Paswan @ Ambika Das R/O Village-
Gangoura Badarwali, P.S.- Chandi, Distirct- Nalanda, Presently in judicial
Custody at Adarsh Central Jail, Beur, Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rounak Sinha, Advocate
Mr. Kishore Kunal, Advocate
For the Vigilance : Mr. Arvind Kumar, Spl. P.P.
For the O.P. No. 2 : Mr. Shashank Chandra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Rounak Sinha, learned counsel for the
petitioner, Mr. Arvind Kumar, learned Spl. P.P. for the Vigilance
and Mr. Shashank Chandra, learned counsel for the Informant.
2. Petitioner seeks bail, who is in custody since
07.12.2025, in connection with Special Case No. 02 of 2026
arising out of Vigilance P.S. Case No. 105 of 2025, F.I.R. dated
05.12.2025 registered for the offences punishable under Sections
7(a) of Prevention of Corruption Amendment Act, 2018.
3. Allegation against the petitioner is that he was caught
red handed while demanding and accepting the bribe amount of
Rs. 1,50,000/- from the complainant for the payment of dues
amount of Rs. 50,98,752/- of the complainant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.31262 of 2026(2) dt.13-05-2026
2/3
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R., even the
petitioner is not competent to do the work of the informant as
alleged in the F.I.R. and he is not the competent person to do the
work of the informant. He further submits that the police after
investigation submitted Chargesheet bearing No. 09 of 2026
against the petitioner on 30.01.2026 and the petitioner is in
custody since 07.12.2025.
5. Learned counsel for the Vigilance as well as learned
counsel for the Informant, on the other hand, vehemently opposed
the prayer for bail of the petitioner and submits that the petitioner
is not cooperating in the investigation and he has not given the
voice test before the prosecution agency and apart from that pre-
trap and post trap record reveals that the note number was the
same.
6. Considering the facts and circumstances of the case
and the fact that the chargehseet has been submitted against the
petitioner and the petitioner is not required in the present case, let
the petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Speciual Judge
Patna High Court CR. MISC. No.31262 of 2026(2) dt.13-05-2026
3/3
Vigilance, Patna in connection with Special Case No. 02 of 2026
arising out of Vigilance P.S. Case No. 105 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly present on each and every date fixed by the Court and if
the petitioner fails to attend the Court in any date, the Vigilance is
directed to move before the appropriate forum for cancellation of
his bail bond.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.