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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Subodh Kumar was arrested on 4 July 2025 in connection with a vigilance case alleging that he demanded a bribe for the release of a subsidy under the Prime Minister’s Live Fish Sale Centre. The allegation pertains to a demand of Rs. 2 lakh, later reduced to Rs. 40,000, under Section 7(a) of the Prevention of Corruption Act, 1988 (amended 2018). The petitioner, claiming a clean antecedent and lack of independent witnesses, sought bail after being in custody for over eight months. The prosecution and vigilance counsel opposed bail, but the court considered the absence of substantive evidence and the petitioner’s cooperation prospects. Justice Rajesh Kumar Verma granted bail on a Rs. 10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of criminal antecedent.

Issues considered

  • Whether bail should be granted to an accused under Section 7(a) of the Prevention of Corruption Act, 1988 in the absence of independent witnesses.
  • Whether the petitioner’s clean antecedent and the circumstances of the case justify bail.
  • What conditions may be imposed on bail in a vigilance‑related corruption case.

Legislation cited

Subjects

  • bail
  • Prevention of Corruption Act
  • bribery
  • vigilance
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68559 of 2025
                       Arising Out of PS. Case No.-49 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Subodh Kumar Son of Ganpati Mandal R/o Vill -Kanhauli, P.S- Kanhauli,
                 Dist- Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, A.P.P.
                 For the Vigilance        :       Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

8   19-03-2026                    Heard Mr.Sunil Kumar Singh, learned counsel for the

                   petitioner and Mr.Anand Kishore Choudhary, learned Additional

                   Public Prosecutor for the State and Mr. Arvind Kumar, learned

                   counsel for the Vigilance.

                                2. Petitioner seeks bail who is in custody since

                   04.07.2025 in connection with Vigilance P.S. Case No. 49 of

                   2025, F.I.R. dated 02.07.2025 for the offences punishable under

                   Sections 7 (a) of Prevention of Corruption Act 1988 amended

                   2018.

                                3.     There is allegation against the petitioner of

                   demanding bribe from the complainant for grant of partial

                   subsidy under Prime Minister’s Live Fish Sale Centre.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.68559 of 2025(8) dt.19-03-2026
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          petitioner has clean antecedent and he has falsely been

          implicated in the present case. As per the allegation, the

          petitioner demanded two lakh after completion of the project in

          question for releasing the bill in question. Learned counsel for

          the petitioner submits the petitioner has asked Rs. 60,000

          initially but he was apprehended now with Rs. 40,000/- in the

          vigilance trap. Although, there is no independent witness in the

          present case and the charges has been framed against the

          petitioner on 22.12.2025, there is no occasion to not grant bail to

          the petitioner. The petitioner is in custody since 04.07.2025.

                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Vigilance have vehemently opposed the

          prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          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 Additional

          Sessions Judge-II-cum-Special Judge (Vigilance), Bhagalpur in

          connection with Vigilance P.S. Case No.49 of 2025, subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
             Patna High Court CR. MISC. No.68559 of 2025(8) dt.19-03-2026
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                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
vashudha/-

U      T


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