Raushan Kumar @ Roshan KumarversusThe Special Vigilance Unit through the Superintendent of Police.

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32104 of 2026
                        Arising Out of PS. Case No.-9 Year-2026 Thana- VIGILANCE District- Patna
                 ======================================================
                 Raushan Kumar @ Roshan Kumar S/O Raj Kishore Kunwar @ Raj Kishore
                 Singh R/O Village- Suryagaddha, P.S.- Suryagaddha, Distt. - Lakhisarai.

                                                                                   ... ... Petitioner/s
                                                    Versus
                 The Special Vigilance Unit through the Superintendent of Police. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pushkar Narayan Shahi, Sr. Advocate
                                          :        Mr. Amresh Kumar, Advocate
                                          :        Mr. Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :        Mr. Arvind Kumar, Spl. P.P.
                                          :        Mr. Rana Vikram Singh, Law Officer
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                          Heard Mr. Pushkar Narayan Shahi, learned Senior

                   Counsel for the petitioner, Mr. Arvind Kumar, learned Spl.P.P.

                   for the Vigilance and learned counsel Mr. Rana Vikram Singh

                   for the Vigilance.

                                2. Petitioner seeks bail who is in custody since

                   03.03.2026 in connection with Special Vigilance Unit (SVU)

                   P.S. Case No. 09 of 2026 for the offence punishable under

                   Section 7 of the Prevention of Corruption Act, 1988.

                                3. The case of the prosecution, in brief, is that the

                   father of the complainant is a contractor, who was engaged in

                   execution of civil works which included installation of

                   submersible pumps and renovation work in various government
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          schools situated in the blocks of Gaunaha, Mainatand and

          Nautan in the District- West Champaran under the Bihar

          Education Project. The complainant alleged that an amount of

          Rs. 57,00,000/- was due towards payment of the work done,

          which was to be processed and released by the accused,

          Assistant Engineer, District Education Project, Bettiah (West

          Champaran) in his official capacity. He also alleged that accused

          made a demand of 5,700,00/-, which was 10% of the total bill

          amount Rs. 57,00,000/- from the complainant for facilitating

          and release of the bill amount. The complainant was not willing

          to give bribe, so he filed the complaint in the Vigilance. After

          filing of the complaint, the verification was made and the

          allegation was found to be true. Thereafter, trap was laid on

          02.03.2026 and the accused Raushan Kumar was caught red

          handed while accepting the bribe amount of Rs. 500000/- and

          one smart watch.

                      4. Learned Senior Counsel for the petitioner submits

          that petitioner has clean antecedent. It next submitted that

          petitioner was appointed as Assistant Engineer in the year 2025

          and thereafter posted as Assistant Engineer at District Education

          Project, Bettiah and as per the allegation as alleged in the FIR,

          the petitioner has demanded Rs. 5,70,000/- for clearing the bill
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          of the contractor with total bill was due of 57,00,000/- and

          petitioner had demanded 10% of the bill amount to clear the bill

          of the informant. Learned Senior Counsel for the petitioner

          submits that after the present case, the petitioner has been

          terminated from the service and another DA Case was also

          instituted against the petitioner and Vigilance after investigation

          has submitted charge-sheet and petitioner is in custody since

          03.03.2026. Learned Senior Counsel for the petitioner further

          submits that it is a settled principle of jurisprudence that bail is

          the rule and jail is the exception and in this regard the Hon’ble

          Supreme Court in the case of Sanjay Chandra Vs. CBI and in

          other cases has repeatedly held that pre-trial incarceration

          should not be used as a form of punishment. It is next submitted

          that petitioner is ready to face the trial.

                      5. The learned counsel for the Vigilance has

          vehemently opposed the prayer for bail of the petitioner and

          submits that Rs. 42,00,500/- has been recovered from the rented

          house of the petitioner and the same is mentioned in search and

          seizure memo which suggests that the petitioner has received

          the amount in question. Apart from that the petitioner has been

          caught red handed in the present pre-trap and post-trap

          memorandum dated 02.03.2026 with the bribe amount of Rs.
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          5,00,000/-.

                       6. Considering the aforesaid facts and circumstances

          and that petitioner has clean antecedent and Vigilance after

          investigation has submitted charge-sheet, 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 Special Vigilance Unit (SVU) P.S.

          Case No. 09 of 2026 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
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                     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)
Gaurav Sinha/-

U      T