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Patna High Court

Shailendra Kumar Singh @ Shailendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                         3/3




                       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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