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 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 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/-

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