Patna High Court
Nitish Raj @ Nithis RayversusThe State of Bihar through S.P. Vigilance
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioner, subject to strict conditions, notwithstanding the charges under the Prevention of Corruption Act.
Summary
The petitioner, Nitish Raj, was charged under Sections 7(a), 7(c) and 12 of the Prevention of Corruption Act for allegedly taking a Rs.50,000 bribe to upload a government scheme online. He pleaded that he has a clean antecedent, was falsely implicated, and fully cooperated with the investigation, arguing that further custodial interrogation was unnecessary. The Vigilance Department opposed bail, asserting his involvement in the crime. The High Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the trial and non‑tampering with evidence. The bail order also mandated verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance. The court’s decision balances the presumption of innocence with the seriousness of the alleged corruption offences.
Issues considered
- Whether bail should be granted to a person accused under the Prevention of Corruption Act for alleged bribery.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are lawful and sufficient.
- Whether the petitioner’s alleged clean antecedent and cooperation justify bail despite the seriousness of the charges.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Prevention of Corruption Act — s. 12, 7(a), 7(c)
Subjects
- bail
- Prevention of Corruption Act
- bribery
- Vigilance Department
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87494 of 2025
Arising Out of PS. Case No.-12 Year-2024 Thana- VIGILANCE District- Patna
======================================================
Nitish Raj @ Nithis Ray S/o- Umesh Prasad R/v- Tel Bigha Rang Bahadur
Road 108 PS- Kotwali District- Gaya, A/P- Patna Nagar Colony, Bypass,
Bodh Gaya Road Ps- Vishnupad Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
For the Vigilance : Mr. Arvind Kumar, Law Officer
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 23-04-2026 Heard Mr. Ravi Bhardwaj, learned counsel for the
petitioner and Mr. Arvind Kumar, learned counsel for the
Vigilance Department.
2. The petitioner is apprehending his arrest in connection
with Special Case No.19 of 2024 arising out of Vigilance P.S.
Case No. 12 of 2024, F.I.R. dated 10.12.2024 for the offences
punishable under Sections 7(a), 7(c), 12 of the Prevention of
Corruption Act.
3. Allegation against the petitioner is that he along with
other co-accused person took bribe of Rs.50,000 from the
informant for uploading a government scheme online.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated
Patna High Court CR. MISC. No.87494 of 2025(4) dt.23-04-2026
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in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offences as alleged in the F.I.R. As per the
allegation at the instance of the petitioner, co-accused has received
Rs.50,000. He next submits that the petitioner has never instructed
the co-accused to receive any amount on his behalf. Learned
counsel submits that the petitioner has fully cooperated during the
course of the investigation; therefore, the petitioner’s further
custodial interrogation is not required in the present case and now
the police has submitted charge-sheet against the petitioner on
07.02.2025
5. The learned counsel on behalf of Vigilance
Department has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner was involved in the present
crime in question.
6. Considering the aforesaid facts and circumstances, let
the petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the date
of receipt of the order, 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 Special Judge,
Vigilance, Patna in connection with Vigilance P.S. Case No. 12 of
Patna High Court CR. MISC. No.87494 of 2025(4) dt.23-04-2026
3/3
2024, subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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 bond in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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