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Patna High CourtCR. MISC./83093/2025allowed

Aditya Kumar Sharma @ Aditya Kumar v. The Deptt. Of Vigilance Through Its Director General Bihar Patna

2025-12-11Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83093 of 2025 Arising Out of PS. Case No.-278 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Aditya Kumar Sharma @ Aditya Kumar, S/O Suresh Sharma, R/o-Akauna, P.S- Sirdala, District- Nawada ... ... Petitioner/s

Versus

1.The Deptt. of Vigilance through its Director General Bihar, Patna

2. The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the State :

Mr. Sanjay Kumar Pandey, I/C APP For the Vigilance :

Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned APP for the State.

2. The petitioner has prayed for bail in connection with Special (Vigilance) Case No. 44 of 2025 arising out of Muffassil Buxar P.S. Case No. 278 of 2025 registered for the offence punishable under Sections 308(2), 316(5), 318(4), 61(2) of the B.N.S. and Sections 7(a) and 7/13 of the Prevention of Corruption Act.

3. The case of the prosecution, in short, is that the police had information that a newly appointed Sepoy, namely, Niranjan Kumar is collecting cash for getting the candidates passed in medical. When the team reached there, they enquired from Niranjan Kumar regarding the occurrence. Niranjan

Patna High Court CR. MISC. No.83093 of 2025(3) dt.11-12-2025 2/3 Kumar disclosed that this petitioner has called him on 10.07.2025 in evening and told that those who have to face remedical examination, they will have to pay Rs. 10,000/- each if they have to pass the same. The calls were made through whatsapp. Niranjan Kumar further disclosed that he has collected Rs. 10,000/- from per candidate and has collected Rs. 3,50,000/- which was given to Ankush Kumar for keeping and rest amount he has received on his Airtel payment bank through pay phone. He has received Rs. 65,000/- on Airtel payment bank pay phone and on S.B.I. pay phone numbers he has received Rs. 65,000/- also. One Anuj Kumar has also received Rs. 30,000/- on his pay phone.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. itself it is clear that no cash was recovered from the possession of this petitioner. All the cash was with Niranjan Kumar or other persons as disclosed in the F.I.R. From perusal of the F.I.R. itself it is clear that the name of this petitioner has surfaced in the statement of the co-accused and nothing has been recovered from his possession. Save and except the statement of Niranjan Kumar, there is nothing against

Patna High Court CR. MISC. No.83093 of 2025(3) dt.11-12-2025 3/3 the petitioner. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 13.07.2025

5. Learned APP appearing for the State and learned counsel for the vigilance have vehemently opposed the application for bail.

6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Vigilance, Patna in connection with Special (Vigilance) Case No. 44 of 2025 arising out of Muffassil Buxar P.S. Case No. 278 of 2025 (Ashok Kumar Pandey, J) lata/- U T