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Patna High Court

Akhilesh KumarversusThe State of Bihar through S.P Vigilance, Patna

Decided
Disposal
DISMISSED

Holding

The court held that the prosecution evidence prima facie establishes the commission of an offence under the Prevention of Corruption Act and that the petitioner’s defence cannot be entertained at the discharge stage, so the application to quash the order was dismissed.

Summary

The petitioner, Akhilesh Kumar, sought to quash the order rejecting his discharge application under Section 7(a) of the Prevention of Corruption Act, alleging that the trap operation by the Vigilance Department was fabricated and that the evidence – cash recovered, video, audio recordings – was unreliable. The prosecution presented a pre‑trap memorandum, video footage of the petitioner being caught with Rs 30,000, and audio scripts indicating a demand for bribe. The petitioner contended there was no occasion for him to demand or accept any money, that the committee overseeing scrap lifting rendered his role marginal, and that the forensic handling of evidence was flawed. The court held that, at the stage of a discharge application under Section 227 CrPC, the defence cannot be examined and the material produced by the prosecution must be taken as true; the evidence prima facie disclosed commission of an offence. Consequently, the application to quash the order was dismissed.

Issues considered

  • Whether the petitioner is entitled to discharge under Section 227 of the CrPC on the basis of alleged procedural irregularities in the trap operation.
  • Whether the evidence produced by the prosecution (cash recovery, video, audio) is sufficient to deny discharge.
  • Whether the defence statements of the petitioner can be considered at the discharge stage.

Legislation cited

Subjects

  • Bribery
  • Prevention of Corruption Act
  • Discharge petition
  • Section 227 CrPC
  • Trap operation
  • Evidentiary standards
  • Inherent powers Section 482

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.9800 of 2026

       Arising Out of PS. Case No.-1 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Akhilesh Kumar, S/o Late Baso Choudhary, Resident of - H. No. 484, New
Mainpura, Kharanja Road, Jai Mata Di STD Danapur, P.S. - Danapur, District
- Patna.


                                                                  ... ... Petitioner/s
                                       Versus
The State of Bihar through S.P Vigilance, Patna


                                                             ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s     :        Mr. Ravi Bhardwaj, Adv.
                                  Mr. Nilabh Ranjan, Adv.
For the Vigilance        :        Mr. Arvind Kumar, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 18-02-2026


                    Heard the learned counsel appearing on behalf of

 the parties.

                    2. This is an application seeking quashing of the

 order dated 16.01.2026 passed by the Court of learned Special

 Judge, Vigilance, Patna in connection with Special Case No. 02

 of 2025, arising out of Vigilance P.S. Case No. 01 of 2025,

 registered from the offence under Section 7(a) of the Prevention
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         of Corruption Act, whereby the discharge application of the

         petitioner has been rejected.

                          3. The present case arises out of an FIR lodged

         against the petitioner for illegally accepting bribe while being

         authorized to be a witness on gate-pass for lifting of iron scrap

         materials on behalf of the South Bihar Power Distribution

         Company Ltd (in short the SBPDCL). It is the prosecution story

         that a total demand of Rs. 90,000/- was made as bribe, failing

         which, the complainants, being purchasers, would be blacklisted

         and face trouble. The allegation was verified by the members of

         the Vigilance and they accordingly set-up a pre-trap for a

         particular day, to be recorded by another member. Upon being

         searched, the petitioner, on 07.01.2025, was found with a cash

         of Rs. 30,000/-, which was planned by the Vigilance as well as

         recorded in a form of video by one of the members. On the

         same day, post-trap memorandum was prepared, cash which was

         recovered from the right side pocket worn by the petitioner, duly

         verified by two independent witnesses that tallied the number

         mentioned in pre-trap memorandum. Thereafter, the arrest

         memo was prepared, in which, hands and the pocket of the pant

         of the petitioner were washed in different glasses from

         chemicals which turned pink as well as audio recorder and
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         memory card, all were marked as Exhibits-A to G respectively.

                          4. It has been submitted on behalf of the petitioner

         that the entire story of the prosecution is false and there is no

         material to show that there was any occasion for the petitioner

         to receive the amount so alleged. It has further been submitted

         that the prosecution story has crucial omissions regarding

         unexplained delay in date of filing of the complaint and the date

         of incident. It has been submitted that there is nothing on record

         which proves the capacity under which the complainants lodged

         the present complaint.           It has next been submitted that the

         SBPDCL constituted a Committee, comprising five persons,

         authorized to oversee lifting of scrap and no occasion was found

         for the petitioner to have demanded bribe or even if the

         allegation that he was creating hurdle is accepted, then it is

         unexplained as to how he alone would have obstructed the part

         by not putting signature, as it was not mandatory. It has also

         been submitted that the allegation of threat of blacklisting the

         complainants, attributed to the petitioner, is beyond the authority

         of the petitioner and, hence, a super imposition.

                          5. The learned counsel for the petitioner submits

         that there was foul play between the complainants and the

         authority for lifting scraps and the cost of the same to be paid,
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         which was a threat to them, as the petitioner would have known

         about it, hence the allegation was fabricated against him. It has

         been submitted that no evidence shows refusal of signing by the

         petitioner on the said gate-pass, that could impact towards

         lifting of said scraps nor there is any statement of the drivers of

         the vehicles or detail of the vehicles, so trapped. It has lastly

         been submitted that the voice recording is not scientifically

         examined nor actual footage of CCTV was recovered from the

         site of incident neither the evidence was proved to be

         untampered nor the credibility of the witnesses are reliable.

                          6. The learned counsel for the petitioner has, thus,

         submitted that there is no illegality in the order impugned in the

         present application and, accordingly, the present application

         preferred by the petitioner is fit to be dismissed.

                          7.    The     learned      Special   Public   Prosecutor

         appearing on behalf of the Vigilance, while opposeing the

         application of the petitioner, has submitted that there was

         sufficient material found against him and, thereafter, the charge-

         sheet has been filed, whereupon the cognizance was taken and

         subsequently, the discharge application filed by the petitioner

         was rejected.

                          8. Referring to the post and pre trap memorandum,
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         the learned Special Public Prosecutor has submitted that a

         raiding team was constituted and after following all the

         requirements under the law, the currency notes were applied

         with phenolphthalein powder mixed with sodium carbonate and,

         thereafter, in a well-laid trap, the petitioner was apprehended

         accepting Rs. 30,000/- as bribe. It has been submitted that there

         is no illegality in the conduct of the raid and the procedures as

         laid down was followed.

                          9. The learned Special Public Prosecutor, while

         referring to the audio scripts of the conversation between the

         accused/petitioner and other persons, submits that there is

         enough evidence to show that the conversation with regard to

         demand and payment of money was being made and, therefore,

         at this stage, discharging the petitioner would not be proper and

         the defence of the petitioner cannot be taken into account at the

         present stage. It has further been submitted that the defence

         adopted by the petitioner to have never demanded or accepted

         any bribe from the complainants in connection with the lifting

         of the iron scrap materials, is only a defence and merely because

         no work was pending with him while he was apprehended along

         with the currency notes, cannot be a ground for discharge.

                          10. It has next been submitted by the counsel for
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         the Vigilance that the defence being taken by the petitioner of

         the fact that a Committee, consisting of five different persons, to

         oversee the lifting of scrap materials was constituted and,

         therefore, the role of the petitioner was marginalized, cannot, in

         any possibility, be considered at the present stage as this is only

         his defence and in view of petitioner being caught red-handed

         with the said amount, the acceptance of bribe cannot be ruled

         out at the present stage and the same can only be seen during the

         trial.

                          11. Upon hearing the learned counsel appearing on

         behalf of the respective parties and on going through the

         pleadings available on record, one thing is very much clear that

         the case of the Department of Vigilance was that a pre-trap

         memorandum was prepared and, accordingly, a trap was laid and

         the petitioner was caught red-handed with Rs. 30,000/- and,

         thereupon, the present case was lodged. It is also evident from

         the FIR that there was certain work for which the petitioner is

         said to have made certain demands and on account of such

         complaint made by the complainants, namely, Pramod Kumar

         and Akhilesh Kumar Choudhary, the trap was laid. This Court

         has also observed that the A.S.I. of the Vigilance Investigation

         Bureau has also verified such allegations and, thereafter, the
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         pre-trap memorandum was prepared and the trap was laid.

                          12.     From       the    perusal   of   the   post-trap

         memorandum, this Court does not find any irregularity as far as

         the procedures are concerned and the entire trap was also video-

         graphed and the same forms part of the evidence against the

         petitioner. From the post-trap memorandum, it is also evident

         that the amount was recovered from the pocket of the pant of the

         petitioner and, thereafter, he was apprehended on the spot.

                          13. The contentions raised by the learned counsel

         for the petitioner that there was no occasion for him to make

         such demand and he was one of the members of the Committee

         among five and, therefore, he could not have, in all possibility,

         being instrumental in taking the money alone to do the work of

         the complainants, does not seem reasonable as it is yet to be

         deciphered whether the said amount was being accepted by the

         petitioner for his own purpose or the same was meant for others.

                          14. The arguments raised on behalf of the

         petitioner are more in the nature of defence and, therefore, as

         per the provisions of Section 227 of the Code of Criminal

         Procedure, 1973, the versions of the petitioner, which are all

         matters of defence, could not be looked into while considering

         the petition for discharge.
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                          15. It is a settled law that while deciding a

         discharge petition, the evidences brought on record by the

         prosecution, both in the form of documents or oral statements,

         are to be considered and an accused is only entitled to be

         discharged if the evidence which the prosecution has proposed

         to be adduced during the trial to prove the guilt of the accused,

         even if fully accepted, cannot, in all possibility, go on to show

         that the accused has committed such offence.

                          16. This Court is conscious of the fact that the

         accused has a right to explain the materials giving rise to the

         suspicion and the evidence which has been brought against him,

         but his submissions has to be confined to the materials brought

         by the prosecution and no plea of his by way of defence can be

         looked into at the stage of discharge.

                          17. The learned counsel for the petitioner, in

         support of his contention, has placed reliance upon a judgment

         rendered in the case of M.E. Shivalingamurthy Vs. Central

         Bureau of Investigation, reported in (2020) 2 SCC 768, wherein

         the Hon’ble Supreme Court, with respect to the legal principles

         applicable with regard to an application seeking discharge, has

         observed in paragraph 17 as follows:

                                           Legal principles applicable in regard
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                                 to an application seeking discharge

                                            “17. This is an area covered by a large
                                 body of case law. We refer to a recent judgment
                                 which has referred to the earlier decisions viz. P.
                                 Vijayan Vs. State of Kerala : (2020) 2 SCC 398/
                                 (2010) 1 SCC (Cri) 1488 and discern the
                                 following principles:

                                            17.1. If two view are possible and one
                                 of them gives rise to suspicion only as
                                 distinguished from grave suspicion, the trial
                                 Judge would be empowered to discharge the
                                 accused.

                                            17.2. The trial Judge is not a mere post
                                 office to frame the charge at the instance of the
                                 prosecution.

                                            17.3. The Judge has merely to sift the
                                 evidence in order to find out whether or not there
                                 is sufficient ground for proceeding.     Evidence
                                 would consist of the statements recorded by the
                                 police or the documents produced before the
                                 Court.

                                            17.4. If the evidence, which the
                                 Prosecutor proposes to adduce to prove the guilt
                                 of the accused, even if fully accepted before it is
                                 challenged in cross-examination or rebutted by
                                 the defence evidence, if any, “cannot show that
                                 the accused committed offence, then, there will
                                 be no sufficient ground for proceeding with the
                                 trial”.

                                            17.5. It is open to the accused to
                                 explain away the materials giving rise to the
                                 grave suspicion.
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                                           17.6. The court has to consider the
                                 broad probabilities, the total effect of the
                                 evidence and the documents produced before the
                                 court, any basis infirmities appearing in the case
                                 and so on. This, however, would not entitle the
                                 court to make a roving inquiry into the pros and
                                 cons.

                                           17.7. At the time of framing of the
                                 charges, the probative value of the material on
                                 record cannot be gone into, and the material
                                 brought on record by the prosecution, has to be
                                 accepted as true.

                                           17.8. There must exist some materials
                                 for entertaining the strong suspicion which can
                                 form the basis for drawing up a charge and
                                 refusing to discharge the accused.”



                          18. The aforesaid judgment does not come to the

         rescue of the petitioner as the Court had very categorically

         stated that at the time of framing of charge, the probative value

         of the material on record cannot be gone into and the material

         brought on record by the prosecution has to be accepted as true.

                          19. In fact, the Hon’ble Supreme Court in

         paragraph 18 of the judgment, referred to above, has clarified as

         under:

                                              “18. The defence of the accused is
                                 not to be looked into at the stage when the
                                 accused seeks to be discharged under Section
                                 227 CrPC (see State of J & K Vs. Sudershan
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                                 Chakkar : (1995) 4 SCC 181/1995 SCC (Cri)
                                 664/AIR 1995 SC 1954).        The expression,
                                 “record of the case”, used in Section 227 CrPC,
                                 is to be understood as the documents and the
                                 articles, if any, produced by the prosecution.
                                 The Code does not give any right to the accused
                                 to produce any document at the stage of framing
                                 of the charge. At the stage of framing of the
                                 charge, the submission of the accused is to be
                                 confined to the material produced by the police
                                 (see State of Orissa Vs. Debendra Nath Padhi :
                                 (2005) 1 SCC 568/ 2005 SCC (Cri) 415/AIR
                                 2005 SC 359).”



                          20. In view of such categorical observation by the

         Hon’ble Supreme Court that the defence of the accused cannot

         be looked into at the stage of discharge as it is evident from the

         pleadings of the petitioner that he has tried to make out a

         defence against the allegations levelled against him and denying

         the very trap, would amount to coming out with his defence,

         which the learned Trial Court was not competent to consider at

         the time of discharge.

                          21. Reliance has also been placed upon a decision

         of the Hon’ble Supreme Court in the case of Kanchan Kumar

         Vs. State of Bihar, reported in (2022) 9 SCC 577.

                          22. Thus, in view of the aforesaid discussions, it is

         evident that the petitioner is relying more on defence rather than
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                      pointing out any irregularity in the trap and the materials which

                      have been brought against him. The materials available on

                      record prima facie discloses commission of offence under P.C.

                      Act warranting trial and no ground is made out to invoke the

                      inherent powers under Section 482 Cr.P.C.

                                       23. This Court, therefore, does not find any

                      illegality in the impugned order dated 16.01.2026, referred to

                      above.

                                       24. Accordingly, the application stands dismissed.

                                       25. Interlocutory application(s), if any, also stands

                      disposed off.



                                                (Sourendra Pandey, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          18.02.2026
Transmission Date       18.02.2026


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