Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner with a bond of Rs.20,000 and conditions, finding that the circumstances warranted a lenient approach.
Summary
The petitioner, Constable Niranjan Kumar, was arrested on charges under Sections 308(2), 316(5), 318(4) and 61(2) of the Bihar Negotiable Instruments Act and Sections 7(a), 7 and 13 of the Prevention of Corruption Act for allegedly taking bribes on behalf of a senior constable. He applied for regular bail, contending that he has no prior criminal record, has been in custody since 13 July 2025, acted under the instruction of the senior constable, and that the prosecution witnesses are official persons, reducing any risk of tampering. The State opposed bail, arguing that the allegations are serious and that the petitioner abused his police position to extort money. The Court, while acknowledging the seriousness of the allegations, gave weight to the petitioner's clean antecedent, the length of his detention, the fact that the investigation is complete and the witnesses are officials, and therefore granted bail on a bond of Rs.20,000 with strict conditions. The bail order also mandates the petitioner’s cooperation with the trial and provides for cancellation if he absents himself or tampers with evidence.
Issues considered
- Whether regular bail should be granted to a police constable accused of bribery and offences under the Bihar Negotiable Instruments Act and the Prevention of Corruption Act.
- Whether the presence of official prosecution witnesses and the petitioner’s clean antecedent mitigate the risk of tampering or influencing evidence.
Legislation cited
- Bihar Negotiable Instruments Act — s. 308(2), 316(5), 318(4), 61(2)
- Prevention of Corruption Act — s. 13, 7, 7(a)
Subjects
- bail
- police corruption
- bribery
- official witnesses
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87507 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Niranjan Kumar S/O Umesh Prasad @ Umesh Yadav @ Umesh Kumar
Resident of Village- Parsa, P.O- Rajauli, P.S- Sirdala, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Anish Kumar, Advocate
Mr. Saroj Kumar Chaudhari, Advocate
For the State : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with Spl.
Case No. 44/25 arising out of Mufassil Buxar P.S. Case No. 278 of
2025 registered for the offences punishable under Sections 308(2),
316(5), 318(4) and 61(2) of the BNS and Sections 7(a) and 7 and
13 of the P.C. Act.
3. The main submissions advanced by Mr. N.K.
Agrawal, learned senior counsel appearing for the petitioner, are
that the petitioner bears no criminal antecedent and has been
languishing in jail since 13.07.2025, the alleged money was being
taken by him at the instruction of co-accused Aditya Kumar, who
was a senior police constable at that time and at the time of
commission of the alleged occurrence, the petitioner was a young
Patna High Court CR. MISC. No.87507 of 2025(2) dt.12-01-2026
2/3
and newly recruited constable, committed the alleged wrong under
the influence of the senior constable Aditya Kumar; his past is
completely clean, he has suffered a lot as he has been dismissed
from service and has been chargesheeted and all the material
witnesses of the prosecution, who are to be examined in the trial of
the petitioner, are official persons and therefore, there is no chance
of tampering with the witnesses or evidence if the petitioner is
released on bail at this stage.
4. On the other hand, learned APP appearing for the
State has opposed the prayer for bail of the petitioner and submits
that there is a serious allegation against the petitioner, as he being
a police personnel at the time of commission of the alleged
occurrence persuaded other newly recruited constables to give him
bribes and accepted the same on the pretext of getting the physical
fitness certificate for the newly recruited constables, therefore, he
does not deserve the privilege of bail.
5. Heard both sides and perused the relevant materials.
Though there is a serious allegation against the petitioner but
considering his fair and clean antecedent, the period of custody,
and mainly the fact that the main prosecution witnesses who are to
be examined in the trial of the petitioner are official persons, and
the investigation against the petitioner has been completed and he
has also been dismissed from service on account of the alleged
Patna High Court CR. MISC. No.87507 of 2025(2) dt.12-01-2026
3/3
wrong, in my opinion, in the said circumstances, the petitioner
deserves to a lenient approach of this Court. Accordingly, let the
petitioner named-above be released on bail on furnishing bail bond
of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of
the like amount each to the satisfaction of the concerned Court in
connection with Spl. Case No. 44/25 arising out of Mufassil
Buxar P.S. Case No. 278 of 2025 on the following conditions:-
(i) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Trial
Court and shall remain physically present as and when directed by
the Trial Court, failing which, in case of his absence on two
consecutive dates without sufficient reason, his bail bond shall be
cancelled by the Trial Court.
(ii) If the petitioner tampers with the evidence or
influences the witness(es), in that case, the prosecution will be at
liberty to move for cancellation of his bail.
(iii) One of the bailors shall be a close relative of the
petitioner who has sworn affidavit in this miscellaneous petition.
(Shailendra Singh, J)
maynaz/-
U T
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