Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
Prem Kumar, a stenographer in the SDM office, was arrested on 31 March 2026 for allegedly demanding a bribe of Rs. 70,000 under Sections 7(a), 7(c) and 12 of the Prevention of Corruption Act, 1988 and Section 61(2) of the BNS. He contended that he did not accept the bribe, which was taken by a co‑accused, and that no incriminating material was recovered from his possession. The Vigilance Department opposed bail, arguing that the alleged act warranted continued detention. The court noted that the petitioner had been in custody for about three months, a charge‑sheet had been filed, and there was no evidence of the bribe being accepted by him. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to the condition that the petitioner cooperate with the trial proceedings.
Issues considered
- Whether bail should be granted to the accused under the Prevention of Corruption Act, 1988 and Section 61(2) of the BNS given the circumstances of the case.
- Whether the absence of recovered material and the claim that the bribe was not accepted by the petitioner justify bail.
Legislation cited
- BNS — s. 61(2)
- Prevention of Corruption Act, 1988 — s. 12, 7(a), 7(c)
Subjects
- bail
- Prevention of Corruption Act
- bribery
- vigilance
- criminal procedure
- charge sheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41532 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Prem Kumar Son of Late Hari Mohan Shukla Resident of village- Jhowa
khoti, Badi Khanjarpur, Ps- Barari, Dist- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. ADG, Vigilance investigation bureau, Patna, Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr.Kumar Amit
Mr. Anirudh Sharma
For the Opposite Party/s : Mr.Prem Kumar Jha
Mr. Jharkhandi Upadhyay
For the Vigilance Dept. : Mr. Arvind Kumar.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Vigilance P.S. Case No. 36 of 2026 registered for the offence
under Sections 7(a), 7(c) and 12 of the Prevention of Corruption
Act, 1988 and under Section 61(2) of the BNS.
3. As per the prosecution case, the petitioner is
accused for demanding bribe of Rs. 70,000/-.
4. The petitioner is in custody since 31.03.2026.
5. Learned senior counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that the bribe was not accepted by
Patna High Court CR. MISC. No.41532 of 2026(2) dt.25-06-2026
2/3
the petitioner and the same was accepted by one Mayank Kumar
(co-accused). He next submits that nothing has been recovered
from the possession of the petitioner. He also submits that the
petitioner has already been suspended.
6. Mr. Arvind Kumar, learned counsel for the
Vigilance Department has opposed the application of the
petitioner and has submitted that the petitioner, while working
as an Stenographer in SDM Office has been involved in
demanding bribe and therefore he does not deserve bail.
7. Considering the fact that the petitioner is in
custody for about three months, the charge-sheet has been
submitted in this case and also considering the fact that the bribe
has not been accepted by the petitioner, this application is
allowed.
8. 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 concerned Court below in connection with Vigilance
P.S. Case No. 36 of 2026.
9. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
Patna High Court CR. MISC. No.41532 of 2026(2) dt.25-06-2026
3/3
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.