Patna High Court
Rakesh KumarversusThe Vigilance Investigation Bureau through Superintendent of Police cum officer in Charge,
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bail bond, sureties, and compliance with Section 482(2) conditions.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Section 13(1)(2) of the Prevention of Corruption Act, 1988. He argued that his situation was analogous to that of Pankaj Rajak, whose anticipatory bail had been granted in Criminal Miscellaneous No. 70583 of 2025. The court noted that the petitioner was a co‑signatory on the same report that formed the basis of the investigation and that he pledged to cooperate with the inquiry. After hearing both sides, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with conditions under Section 482(2) of the BNSS. The order also empowered the trial court to cancel the bail if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 13(1)(2) of the Prevention of Corruption Act, 1988.
- Whether the petitioner’s case is sufficiently similar to the precedent set in Pankaj Rajak’s anticipatory bail order.
Legislation cited
- BNSS — s. 482(2)
- Prevention of Corruption Act, 1988 — s. 13(1)(2)
Subjects
- anticipatory bail
- Prevention of Corruption Act
- Section 13
- vigilance investigation
- co‑signatory
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70684 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Rakesh Kumar S/o Kishori Prasad Singh Resident of Mohalla- Sakaldeo
Nagar, P.S.- Barbigha, District- Shekhpura
... ... Petitioner/s
Versus
The Vigilance Investigation Bureau through Superintendent of Police cum
officer in Charge, Vigilance Investigation Bureau, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Ojha, Sr. Advocate
Mr. Ashok Kumar Karna, Advocate
For the Opposite Party/s : Mr. Arvind Kumar, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-04-2026 1. Heard learned Senior counsel for the petitioner,
Mr. Anand Ojha and learned Special PP for the Vigilance, Mr.
Arvind Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 13(1)(2) of
the Prevention of Corruption Act, 1988.
3. Learned Senior counsel for the petitioner submits
that Pankaj Rajak had moved this Court seeking anticipatory
bail by filing Criminal Miscellaneous No. 70583 of 2025 and
the same came to be allowed by an order dated 15.04.2026, after
considering the case on merits and in detail. It is next submitted
that the case of the petitioner is also similar to the case of
Pankaj Rajak, the only difference is that petitioner was
Patna High Court CR. MISC. No.70684 of 2025(3) dt.15-04-2026
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appointed as Cooperative Extension Officer on 29.05.2018 and
was a co-signatory on the report submitted by Pankaj Rajak to
the Certificate Officer. It is also submitted that petitioner will
not abscond rather will cooperate in the investigation to prove
his innocence.
5. Learned Special P.P. for the Vigilance opposes
the anticipatory bail application of the petitioner, but then is not
in a position to rebut the submissions of the learned Senior
counsel appearing on behalf of the petitioner that the petitioner
was also a co-signatory on the report submitted by Pankaj
Rajak.
6. After hearing the learned counsel for the parties
and taking into consideration the order dated 15.04.2026 in
Criminal Miscellaneous No. 70583 of 2025, the petitioner
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Vigilance P.S. Case No. 10 of 2025 subject to
the conditions as laid down under Section 482 (2) of BNSS.
7. However, it is made clear that in the event if the
Patna High Court CR. MISC. No.70684 of 2025(3) dt.15-04-2026
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Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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