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HomeHigh CourtPatna High CourtAkhilesh Kumar vs The State Of Bihar Through S.P ... on 18...

Akhilesh Kumar vs The State Of Bihar Through S.P … on 18 February, 2026


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
Patna High Court CR. MISC. No.9800 of 2026 dt.18-02-2026

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
Patna High Court CR. MISC. No.9800 of 2026 dt.18-02-2026

memory card, all were marked as Exhibits-A to G respectively.



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