Ashok Kumar ChoudharyversusThe state of Bihar through Vigilance Investigation Bureau Patna, Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33195 of 2026
                       Arising Out of PS. Case No.-20 Year-2026 Thana- VIGILANCE District- Patna
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                 Ashok Kumar Choudhary S/o Late Sipahi Choudhary (U.D.C Mining
                 Department, Kishanganj) R/o Village - Banboriya @ Banbariya, P.S -
                 Sikarpur, District - West Champaran At Present R/o - Ward no. 4, Rajendra
                 Nagar Purani Gajri, P.S - Town Thana, Batiya @ Bettiah, District - West
                 Champaran                                               ... ... Petitioner/s
                                                   Versus
           1.     The state of Bihar through Vigilance Investigation Bureau Patna, Bihar
                  Patna Bihar
           2.    The State of Bihar
                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Amit, Advocate
                                                  Mr. Kunal Ishwar, Advocate
                 For the Opposite Party/s :       Mr. Arvind Kumar, SPP, Vigilance
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-05-2026                      Heard Mr. Kumar Amit, learned counsel for the

                   petitioner and Mr. Arvind Kumar, learned Special Public

                   Prosecutor for the Vigilance.

                                2. Petitioner seeks bail who is in custody since

                   18.02.2026 in connection with Vigilance P.S. Case No. 20 of

                   2026, F.I.R. dated 16.02.2026 for the offences punishable under

                   Sections 7(a), 7(c) and 12 of Prevention of Corruption Act, 1988

                   and Section 61(2) of the BNS, 2023.

                                3. According to prosecution case, this petitioner has

                   demanded Rs. 10,000 as a bribe from the informant for release

                   of his vehicle.

                                4. Learned counsel for the petitioner submits that
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          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. As per the allegation, the

          petitioner has demanded as bribe from the informant for release

          of vehicle in informant's favour. He further submits that the

          petitioner is not a competent person to release the vehicle in

          question in favour of the informant. The informant was caught

          red handed by the vigilance team and Rs. 8,000/- has been

          recovered from his possession. He further submits that the

          Vigilance have submitted the charge sheet on 14.04.2026

          against the petitioner. The petitioner is in custody since

          18.02.2026.

                      5. The learned Special Public Prosecutor for the

          Vigilance has vehemently opposed the prayer for bail of the

          petitioner and submits that the petitioner was arrested along

          with Rs. 8,000/- which was matched with the pre-trap and post-

          trap memorandum but fairly submits that the charge sheet has

          been submitted against the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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                      the like amount each to the satisfaction of the learned Additional

                      Sessions Judge-II-cum-Special Judge (Vigilance), Bhagalpur in

                      connection with Vigilance P.S. Case No. 20 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

                      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)
Vanisha/-
U      T