Patna High Court

Abhay Singh @ Abhay Kumar SinghversusThe State of Bihar through the Superintendent of Police, Vigilance Investigation Bureau, Patna

Decided: 12 March 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied.

Summary

Petitioner Abhay Singh, a former Head Clerk in the Assistant Drug Controller's office, applied for anticipatory bail after a vigilance case was registered alleging he demanded a Rs 20,000 bribe to facilitate a drug licence for the informant. The petitioner argued he had no role in licence issuance because the process is fully computerized, he had been removed from the additional charge, and he possessed a clean antecedent. The State contended that the informant’s recorded conversation proved the demand for a bribe and that the petitioner refused to provide a voice sample during investigation. The court examined whether the allegations under Section 7(a) of the Prevention of Corruption Act warranted the grant of anticipatory bail. Finding the accusations credible and the petitioner’s non‑cooperation indicative of guilt, the court refused the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under Section 7(a) of the Prevention of Corruption Act
Whether the evidence presented (recorded conversation and refusal to cooperate) is sufficient to deny anticipatory bail

Legislation cited

Prevention of Corruption Act — s. 7(a)

Subjects

anticipatory bail
bribery
corruption
Prevention of Corruption Act
drug licence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67575 of 2025
                       Arising Out of PS. Case No.-57 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Abhay Singh @ Abhay Kumar Singh S/O Late Bijay Kumar Singh R/O Flat
                 No. 1A, Sai Residency, East Boring Canal Road, P.S.- Budha Colony, Dist.-
                 Patna.

                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar through the Superintendent of Police, Vigilance
                 Investigation Bureau, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Advocate
                                                  Mr. Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Arvind Kumar, A.P.P.
                 For the Informant        :       Mr. Ajay Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   12-03-2026                    Heard learned counsel for the petitioner, informant

                   and the State.

                                 2. Petitioner apprehends arrest in Vigilance P. S. Case

                   No. 57 of 2025 registered for the offence punishable under

                   Section 7(a) of the Prevention of Corruption Act.

                                 3. It is alleged that this petitioner demanded bribe of

                   Rs. 20,000 for issuing drug license to the informant.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has no role in grant of drug license as he was working as Head

                   Clerk in the office of Assistant Drug Controller which is fully

                   computerized where all the work is done online with records of
              Patna High Court CR. MISC. No.67575 of 2025(5) dt.12-03-2026
                                                          2/2




                        every minute regarding the status of applications and movement

                        of files and as such, entire allegation is based on surmises and

                        conjectures. Moreover, petitioner has already been removed

                        from the additional charge vide letter contained in Memo No.

                        753 dated 05.07.2025 issued by the Assistant Drug Controller,

                        Patna Nagar Nigam Region, Patna (Annexure-P/2). Petitioner

                        claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that informant applied for

                        drug license on 10.01.2025 where this petitioner demanded Rs.

                        20,000/- as bribe which was secretly recorded by the informant

                        and upon inquiry, allegation was found true. During

                        investigation also, petitioner was twice asked by the department

                        to give his voice sample but he refused to co-operate with the

                        investigation.

                                     6. Considering the nature of accusation and conduct

                        of the petitioner, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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