Patna High Court
Rakesh KumarversusThe State of Bihar through Vigilance Patna, Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner on the condition of a cash bond and two sureties.
Summary
The petitioner, Rakesh Kumar, a former Block Development Officer, was arrested in February 2026 for allegedly accepting a bribe of Rs. 50,000 under Section 7(a) of the Prevention of Corruption Act. He applied for bail before the Patna High Court, asserting that a charge‑sheet had already been filed, he had no prior criminal record, and there was no risk of him absconding. The Special Public Prosecutor opposed the bail, contending the seriousness of the corruption charge. The Court, noting the petitioner’s respectable standing, the filing of the charge‑sheet, his custody since February, and the absence of any flight risk, decided to grant bail. Bail was ordered on the condition of a Rs. 10,000 cash bond and two sureties of equal amount, subject to the satisfaction of the Special Judge, Vigilance, Patna. The Court clarified that its observations were prima facie and not a determination on the merits of the underlying case.
Issues considered
- Whether bail should be granted to the petitioner under Section 7(a) of the Prevention of Corruption Act considering the nature of the offence, the filing of the charge‑sheet, and the risk of absconding
Legislation cited
- Prevention of Corruption Act — s. 7(a)
Subjects
- bail
- Prevention of Corruption Act
- Section 7(a)
- bribery
- vigilance
- Block Development Officer
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35887 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Rakesh Kumar Son of Late Bhola Prasad Chaudhary Resident of Mohalla
-Hasanganj PS -Mojahidpur District -Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar through Vigilance Patna, Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Arvind Kumar, Special PP Vigilance
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Vigilance P.S. Case No. 16
of 2026 (Special Case No. 20 of 2026) registered for the offences
under Section 7(a) of the Prevention of Corruption Act.
3. The allegation is that the petitioner was the Block
Development Officer (BDO) and he was caught while accepting a
bribe of Rs. 50,000/- (Rupees fifty thousand).
4. Learned counsel for the petitioner submits that a
charge-sheet has already been submitted by the police. He further
submits that the petitioner is a respectable person in society with an
unblemished career throughout, and that there is no likelihood of his
absconding. He also submits that the petitioner has been in custody
since 09.02.2026 and has no criminal antecedents.
5. Learned Spl. PP for the Vigilance has vehemently
Patna High Court CR. MISC. No.35887 of 2026(3) dt.08-07-2026
2/2
opposed the prayer for bail of the petitioner.
6. Considering that the petitioner is a respectable person
in society with an unblemished career throughout, that charge-sheet
has already been submitted and the petitioner is no longer required
for investigation, that there is no likelihood of his absconding, and
that the petitioner has been in custody since 09.02.2026 having no
criminal antecedents, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner, above named, be released on bail on
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of the concerned
Special Judge, Vigilance, Patna in connection with Vigilance P.S.
Case No. 16 of 2026 (Special Case No. 20 of 2026).
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations shall
not be construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Ansul, J)
Vikash/-
U T
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