Patna High Court
Raushan Kumar @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs 10,000 with specified conditions.
Summary
Raushan Kumar was arrested on 15 October 2025 in connection with a vigilance case (PS No. 91 of 2025) based on an FIR alleging that he demanded Rs 20,000 from an informant to prevent the filing of the FIR, with Rs 12,000 recovered from his possession. He was charged under Sections 7(a), 7A and 12 of the Prevention of Corruption Act and Section 61(2) of the Bihar Narcotic Substances Act, 2023. The petitioner pleaded that he has a clean antecedent and that the allegations are false and fabricated, seeking bail. The State opposed the bail application. The court, noting the petitioner’s clean antecedent and the fact that a chargesheet had been filed, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner charged under the Prevention of Corruption Act and the Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 61(2)
- Prevention of Corruption Act — s. 12, 7(a), 7A
Subjects
- bail
- Prevention of Corruption Act
- Bihar Narcotic Substances Act
- vigilance case
- criminal antecedent
- chargesheet
- Section 7
- Section 7A
- Section 12
- Section 61(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4108 of 2026
Arising Out of PS. Case No.-91 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Raushan Kumar @ Roushan Kumar Son of Pramod Kumar Yadav R/o Village
- Goshpur, P.S. - Simri Bakhtiyarpur, Dist. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar through the Director General of Vigilance Investigation
Bureau
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagannath Singh, Advocate
Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Bijendra Kumar Singh, learned counsel
for the petitioner and Mr. Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Vigilance P.S. Case No. 91 of
2025, F.I.R. dated 13.10.2025 for the offences punishable under
Section 7(a), 7A & 12 of Prevention of Corruption Act and
Section 61(2) of the BNS, 2023.
3. According to prosecution case, petitioner has
demanded Rs. 20,000/- (Twenty Thousand) from the informant
for not lodging the FIR.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the FIR is false and fabricated and the
Patna High Court CR. MISC. No.4108 of 2026(2) dt.28-01-2026
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petitioner has not committed any offence as alleged in the FIR.
As per allegation in the FIR, the petitioner had demanded Rs.
20,000/- from the informant for not lodging the FIR and Rs.
12,000/- has been recovered from the possession of the
petitioner. Learned counsel further submits that the petitioner
has never demanded any bribe from the informant. He further
submits that the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and petitioner has clean antecedent and police has
submitted chargesheet against the petitioner, 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
(Trap), Bhagalpur, in connection with Vigilance P.S. Case No.
91 of 2025, with 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
Patna High Court CR. MISC. No.4108 of 2026(2) dt.28-01-2026
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on 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)
Ranjeet/-
U T
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