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Patna High Court

Nitish Raj @ Nithis RayversusThe State of Bihar through S.P. Vigilance

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




      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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