Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Prevention of Corruption Act, 1988 — s. 7(a)
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
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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/-
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