Patna High Court
Ajay Kumar @ Dr. Ajoy Kumar @ Ajoy Kumar Devichand SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail could be granted subject to strict conditions because the petitioner did not pose a flight risk or a serious threat to the trial process.
Summary
Ajay Kumar was arrested in a vigilance case alleging that he demanded Rs.1 lakh from an informant for salary payments and received Rs.60,000, violating sections 7(a), 7(c) and 12 of the Prevention of Corruption Act and Section 61(2) of the B.N.S. Act. The petitioner claimed innocence, citing biometric attendance records that showed the informant’s absence and asserting no prior criminal record. The vigilance department objected to bail on the ground that the petitioner might tamper with evidence and delay the trial. After hearing both sides, the court considered the lack of a flight risk and the petitioner’s willingness to cooperate. The court ordered the petitioner’s release on bail with a Rs.10,000 bond, two sureties, and conditions to cooperate and appear at every trial date, also directing a voice sample to be provided.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under the Prevention of Corruption Act.
- Whether there is a substantial risk of evidence tampering or trial delay if bail is granted.
- Whether the offences alleged are bailable or non‑bailable under the applicable statutes.
Legislation cited
- B.N.S. Act — s. 61(2)
- Prevention of Corruption Act — s. 12, 7(a), 7(c)
Subjects
- bail
- prevention of corruption
- vigilance investigation
- evidence tampering
- biometric attendance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82123 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Ajay Kumar @ Dr. Ajoy Kumar @ Ajoy Kumar Devichand Sah S/O Late
Devichand Shah R/O Kochas, P.S- Kochas, Distt.- Rohtas, at present R/o-
P.S.-Airali, Navi Mumbai, Distt.- Thane
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Superintendant of Police, Vigilance Investigation Bureau Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vardaan Mangalam, Advocate
Mr. Dinu Kumar, Advocate
Mrs. Ritika Rani, Advocate
For the State : Mr. Arun Kumar Pandey, APP
For the Vigilance : Mr. Arvind Kumar, Law Officer, Vigilance
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 06-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the Vigilance.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 7(a), 7(c)
and 12 of the Prevention of Corruption Act and Section 61(2) of
B.N.S.
3. The case of the prosecution is that the petitioner has
demanded Rs. 1 lakh from the informant for providing him
salary for the month of March to August, 2025.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
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counsel for the petitioner has submitted that the informant was a
guest lecturer in Government Polytechnic College, Kaimur and
his payment was based upon the working days. It has been
submitted that he was absent from March to July, 2025. It has
also been submitted that the attendance is biometric and it
cannot be manipulated. From perusal of the Annexure-5 series,
it will transpire that there were complaints against the informant
regarding his irregularities and his misbehavior upon being
complained regarding irregularities. A statement has been made
in para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
19.09.2025.
5. Learned counsel for the Vigilance is present and he
has submitted that in the counter affidavit, the Vigilance
Department has only raised one objection that if the petitioner is
granted bail, he will tamper the evidence and will delay the trial.
He has also submitted that the petitioner has received Rs.
60,000/- from the informant and the description of the currency
notes is given in the Pre-trap memorandum. It is further
submitted that in the test of sodium carbonate and
phenolphthalein powder, the color of the hand of the petitioner
was changed which shows that he has received Rs. 60,000/-. He
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has also submitted that the petitioner may be granted bail but
with the condition that he shall cooperate in the trial.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Vigilance P.S. Case No. 82 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, Vigilance,
Patna with a condition that the petitioner shall cooperate in
trial and shall be present on each and every date in the till
the disposal of the case.
7. The Petitioner is also directed to provide voice
sample to the person concerned.
(Ashok Kumar Pandey, J)
shubham/-
U T
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