Patna High Court
Kundan KumarversusThe State of Bihar through The Vigilance
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Kundan Kumar was arrested on allegations of demanding Rs 3 lakh for mutation and receipt in collusion with a Circle Officer, under sections 7(a)(c), 12 and 61(2) of the Prevention of Corruption Act, 1988 (amended 2018). The prosecution claimed the petitioner received the money and placed it on the C.O.'s table, supported by a scientific test that his hands turned pink. The petitioner argued he was a mere middle‑man, had no criminal antecedent, and that the C.O. had already been granted bail. The Vigilance Department opposed bail, insisting the petitioner was the actual recipient of the cash. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs 10,000 with two sureties, subject to the petitioner’s cooperation and appearance in court.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under the Prevention of Corruption Act, 1988.
Subjects
- bail
- corruption
- Prevention of Corruption Act
- judicial custody
- middleman
- scientific examination
- surety
- vigilance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87245 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Kundan Kumar S/o Late Umesh Mahto @ Umesh Malakar @ Umsh Malakar
At. present C/o- Vijay Kumar Chourasia, Village- Bank, P.S- Dandari, Dist-
Begusarai, permanent address- Manopur, Muradpur (Muradear), P.S-
Bhagwanpur, Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar through The Vigilance Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awnish Kumar, Advocate
For the Vigilance : Mr. Arvind Kumar, Law Officer, Vigilance
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
Law Officer for the Vigilance.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 7(a) (c), 12,
61(2) of Prevention of Corruption Act, 1988, amended, 2018.
3. The case of the prosecution is that the petitioner in
connivance with C.O. (Circle Officer) has demanded Rs. 3 lakhs
for mutation and issuing receipt thereof. This information was
given to the Vigilance Department on which, a team was
constituted after verification and it is apparent from the order of
the learned trial court that Rs. 2 lakhs was recovered from the
possession of this petitioner and it was put on the table of C.O.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87245 of 2025(2) dt.05-01-2026
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petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that C.O. has been
granted bail by learned trial court itself whereas the alleged sum
was found on the table of the C.O. 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
09.09.2025.
5. Learned APP appearing for the Vigilance has
vehemently opposed the prayer of regular bail and has
submitted that actually the cash was received by this petitioner
and it was put on the table of the C.O which was proved as his
hands turned pink after scientific examination.
6. Learned counsel for the petitioner has submitted
that in any view of the matter, as per the FIR, the main thrust of
allegation is against the C.O. The petitioner is only the
middleman.
7. 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
Patna Vigilance P.S. Case No. 76 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.87245 of 2025(2) dt.05-01-2026
3/3
amount each to the satisfaction of learned 2 nd Additional
Sessions Judge-cum-Special Judge, Vigilance, Bhagalpur with
the condition that the petitioner shall cooperate in the trial
and shall remain present in the trial court whenever
required.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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