Patna High Court
Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, allowing his release on bond subject to statutory conditions.
Summary
Petitioner Rajesh Paswan, a junior engineer, feared arrest in a vigilance case alleging fraud amounting to Rs.9,75,424 for passing contractor bills. He contended he was falsely implicated and that the defrauded sum had already been deposited by co‑accused. The court noted his status as a government servant and the repayment of the amount, and consequently allowed his bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The petitioner was also directed to cooperate in the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the alleged offences under the IPC and PC Act.
- Whether the repayment of the alleged loss and the petitioner's government service status justify bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(b), 406, 408, 409, 420, 467, 468, 471
- Prevention of Corruption Act — s. 13(1)(d), 13(2)
Subjects
- bail
- vigilance case
- government servant
- fraud
- IPC
- Prevention of Corruption Act
- CrPC
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51091 of 2025
Arising Out of PS. Case No.-114 Year-2016 Thana- VIGILANCE District- Patna
======================================================
Rajesh Paswan S/o Sri Madhusudan Paswan R/o - R.S. Bank/Tank,
Navitoliya, District- Darbhanga, A/p Assistant Engg. Local Area Engineering
Organisatiion, Wordk Divisiion- I, Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Jitendra Jha, Inspector of Police, Vigilance and Investigation Dept., Patna,
S/o Late Kamlakant Jha Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.
Mr.Shashi Bhushan Prasad
For the Opposite Party/s : Mr. Arvind Kumar, Law Officer, Vigilance
Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Vigilance Case No. 114 of 2016 / Spl. Case No.
36 of 2016 registered for the offence under Sections 420, 409,
406, 408, 467, 468, 471, 120(b) of the Indian Penal Code and
13(2), 13(1)(d) of the PC Act.
3. As per the prosecution case, the allegation
against the petitioner, who is a Junior Engineer, is that he has
passed the bills of the contractor causing a loss of Rs. 9,75,424/-
to the Government.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the alleged
defalcated amount of Rs. 9,75,000/- has already been deposited
Patna High Court CR. MISC. No.51091 of 2025(4) dt.19-02-2026
2/2
by the co-accused with the government.
5. Considering the fact that the petitioner is a
government servant and the entire defalcated amount has been
paid with the government, this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 Spl.
Court/Judge (Vigilance Trap) Bhagalpur/concerned Court below
in connection with Vigilance P.S. Case No. 36 of 2016, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
7. As a condition of this order, the petitioner is
directed to co-operate in the trial personally or through his
advocate on the dates fixed in the trial.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…