Patna High Court
Shailendra Kumar Singh @ Shailendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Shailendra Kumar Singh, a Block Supply Officer, was charged under Sections 7(a), 7(c) and 12 of the Prevention of Corruption Act and Section 61(2) of the Bihar Narcotic Substances Act for allegedly demanding a commission while allotting cereals. The prosecution alleged he took Rs.12,000 as hush money and threatened to cancel a license if the demand was not met. The petitioner claimed innocence, asserted that the Regional Supply Officer lacked authority to cancel licenses, and highlighted his clean record and that he had been in custody since 3 April 2026. The vigilance agency opposed bail, stating the petitioner was caught red‑handed. After hearing both sides, the High Court decided to enlarge the petitioner on regular bail, subject to a bond of Rs.10,000 with two sureties, satisfied by the Special Judge (Vigilance) in Bhagalpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the prosecution’s evidence of corruption and alleged receipt of hush money.
Legislation cited
- Bihar Narcotic Substances Act — s. 61(2)
- Prevention of Corruption Act — s. 12, 7(a), 7(c)
Subjects
- regular bail
- corruption
- public servant
- vigilance
- trap
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41646 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Shailendra Kumar Singh @ Shailendra Kumar S/o Devendra Kumar Singh
Resident of Village - Ganauli, P.S.- Mashrakh, District – Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dy. S.P, Vigilance Investigation Bureau, 6 Circular Road, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Dewanand Tiwari, Advocate
Mr. Saroj Kumar Choudhary, Advocate
For the Vigilance : Mr. Arvind Kumar, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned senior counsel for the petitioner,
learned counsel for the Vigilance and learned APP for the
State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 7(a), 7(c)
and 12 of P.C. Act and Section 61(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner is a Block Supply Officer. It is alleged that while
giving the allotment of the cereals, he took commission of Rs.
25/- per quintal and that he was demanding Rs. 6,000/-
through one middle man Manish Kumar. It is further alleged
Patna High Court CR. MISC. No.41646 of 2026(2) dt.29-06-2026
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that if the same will not be given to him, the license will be
cancelled.
4. Learned senior counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned senior counsel for the petitioner has submitted
that the Regional Supply Officer has got no power to cancel
the license and that nothing has been demanded or received by
him. It has further been submitted that Rs. 12,000/- was put in
his pocket and trap was made. It has further been submitted
that in this case, charge-sheet has already been filed. Petitioner
is having no criminal antecedent and he is languishing in
judicial custody since 03.04.2026.
5. Learned APP appearing for the State and learned
counsel for the Vigilance have vehemently opposed the
application for bail. Learned counsel for the Vigilance has
submitted that the petitioner was caught red-handed and pre
and post-trap shows that he has taken Rs. 12,000/- as hush
money.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.41646 of 2026(2) dt.29-06-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Special Judge (Vigilance)-cum-Additional Sessions Judge-II,
Bhagalpur in connection with Vigilance P.S. Case No. 39 of
2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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