Patna High Court
Sri Arun Kumar Chourasia @ Pappu Chourasia @ Ram Naresh Chourasia @ Ram Naresh SharmaversusThe State of Bihar through Director General Vigilance Investigation Bureau Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the petitioner was only alleged as a mediator and there was no evidence of tampering, flight risk, or direct participation in the offences.
Summary
The petitioner, Arun Kumar Chourasia, was named during the investigation of a vigilance case involving alleged misappropriation of funds for a construction project in Gaya. The FIR listed several IPC offences and a provision of the PC Act, but the petitioner was not originally named; he was later alleged to have acted merely as a mediator between the co‑accused and the project officials. The petitioner sought anticipatory bail, arguing he had no direct involvement in the alleged fraud and possessed a clean antecedent. The vigilance department opposed the bail, contending the petitioner was part of a criminal conspiracy due to his closeness with the co‑accused. The court, noting the lack of any allegation of evidence tampering or flight risk and that the charge‑sheet already existed, granted anticipatory bail with conditions, including a bail bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is alleged only to have acted as a mediator in the alleged fraud
- Whether there is a likelihood of the petitioner tampering with evidence or absconding
Legislation cited
- Indian Penal Code — s. 109, 120B, 409, 420, 465, 466, 468, 471
- Prevention of Corruption Act, 1988 — s. 13(2) r/w 13(1)(d)
Subjects
- anticipatory bail
- mediator
- corruption
- misappropriation of funds
- vigilance investigation
- IPC
- Prevention of Corruption Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83177 of 2025
Arising Out of PS. Case No.-6 Year-2002 Thana- VIGILANCE District- Patna
======================================================
Sri Arun Kumar Chourasia @ Pappu Chourasia @ Ram Naresh Chourasia @
Ram Naresh Sharma S/o Sri Kanhaiya Lal Chourasia R/o Ward no. 40,
Ahilyabai Road, Vishunpad Road, Near Kamakhya Temple Chand Choura,
P.S.- Vishunpad, Distt.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar through Director General Vigilance Investigation Bureau
Patna Bihar
2. Superintendent of Police, Cabinet Vigilance Deptt., Bihar, Vigilance
Investigation Bureau, 6 Circular road, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar, Advocate
For the Vigilance : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
counsel for the vigilance.
2. The petitioner apprehends his arrest in Vigilance
P.S. Case No. 06 of 2002, registered for the offence under
Sections 420, 465, 466, 468, 471, 409, 120B and 109 of the
Indian Penal Code and Section 13(2) r/w 13(1)(d) of the P.C.
Act, 1988.
3. The F.I.R. has been instituted on the basis of
written report dated 17.08.2022 lodged by Indranand Mishra,
the then Deputy Superintendent of Police, Vigilance, Patna
alleging therein that co-accused S.M. Raju in the capacity of
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D.D.C., Gaya, granted administrative approval to scheme of
construction of building on the land of District Board, Gaya. It
is further alleged that this administrative approval was granted
in factions and total work was divided in sixteen parts for the
simple reason that the administrative approval and the
supervision of the work remain within the control the D.D.C. It
is also alleged that the work was assigned to a Junior Engineer
and advance payments were made to him even without
completion and submission of the running bills of the work. It is
alleged that the royalty of the government materials have not
been paid till today, which is outstanding with the agency who
did the work. There is also allegation that the work done is not
up to mark and satisfaction and the fund has been
misappropriated and converted to the personal use of the
accused persons.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R.. Name of the petitioner
surfaced during course of investigation and the only material
which has come against petitioner is that he worked as a
mediator in execution of the work in question. Learned counsel
further submits that the State Government sanctioned project in
the year 1988 for construction of an Office-cum-Shopping
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Complex on the vacant land of Gaya District Board. The
proposed construction cost was estimated in accordance with the
rate fixed by the State Government in the year 1986. In the year
1988, the then Deputy Development Commissioner, Gaya,
started the construction work of Office-Cum-Shopping complex
and the amount of Rs. 7,06,569.00 was spent and the work was
done up-to the plinth level in the year 1988 itself. Thereafter no
work was done due to lack of fund. Co-accused S.M. Raju
I.A.S. joined on the post of Deputy Development
Commissioner, Gaya in the month of July, 1996 and it was Co-
accused S.M. Raju, who approached to the District Rural
Development agency and District Urban Development Agency
for grant of loan. After receiving the loan, the construction work
was re-started and work was entrusted to Madan Prasad, Junior
Engineer, Zila Parishad. Gaya by co-accused S.M. Raju. The
petitioner was no where involved and had nothing to do with the
alleged offence and construction work. Moreover, charge-sheet
has already been submitted and the only material that has come
aginst this petitioner is that he was very close to co-accused
S.M. Raju and he acted as a mediator in the said work. Save and
except the same, there is no material on record to show the
complicity of this petitioner in the alleged offence. Petitioner
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claims clean antecedent.
5. Learned counsel for the Vigilance Department
opposes the prayer for anticipatory bail and submits that name
of petitioner transpired in this case during course of
investigation and it has come that this petitioner, being close to
co-accused S.M. Raju, the then D.D.C.-cum-C.E.O., District
Council Gaya, worked as a mediator and worked in a criminal
conspiracy, with ulterior motive and misappropriated the
government fund allocated for construction of market-cum-
office complex.
6. Having considered the submissions made on behalf
of parties, from perusal of the materials available on record, fact
that petitioner is only alleged to be mediator and fact that
charge-sheet has already been submitted and there is no
allegation of tampering with the evidence or absconding against
the petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. In the event of arrest/surrender before the Court
below within a period of eight weeks from today, let the above
named petitioner be enlarged on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
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each to the satisfaction of learned Special Judge, Vigilance,
Patna in connection with Special Case No. 20 of 2002, arising
out of Vigilance P.S. Case No. 06 of 2002, subject to condition
as laid down under Sections 482(2) of the B.N.S.S., with
following conditions:
“(1) Petitioner shall cooperate in the trial and
shall be properly represented on each and
every date fixed by the learned trial court
and shall remain physically present, as
directed by the learned trial court and on his
absence on two consecutive dates, without
sufficient reason, his bail-bond shall be
cancelled by the learned trial court.
(2) 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.”
(Prabhat Kumar Singh, J)
shashank/-
U T
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