Disposed¶16

Prashant Kumar v. the State of Bihar through the Additional Chief Secretary, Vigilance Department, 4TH Floor

Patna HC21 Nov 2025CR. MISC./26158/2025

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.26158 of 2025; Prashant Kumar v. State of Bihar (Vigilance Department); Special Vigilance Unit P.S. Case No. 15 of 2022 / Special Case No. 74 of 2022; disproportionate assets; interim protection; no coercive steps; stay of further proceedings; Article 21 Constitution of India; malicious prosecution; pending investigation beyond three years; willingness to cooperate with investigating officer; order dated 29.04.2025; re-notified 04.11.2025.

What did the court decide?

Interim protection granted: no coercive step shall be taken against the petitioner in connection with Special Vigilance Unit P.S. Case No. 15 of 2022 (Special Case No. 74 of 2022); the application was not finally disposed of but re-notified for 04.11.2025. ¶16

Prashant Kumar Vs the State of Bihar through the Additional Chief Secretary, Vigilance Department, 4TH Floor — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, on meticulous calculation of the petitioner's sources of income and expenditure as described in the prosecution report, any case of disproportionate assets is made out against him. +1 more

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Ratio / Principle

Given that the investigation has remained pending for more than three years, that the petitioner is willing to participate in the investigation, and having regard to the petitioner's Article 21 right, the Court found that any coercive action would only lead to malicious prosecution against the petitioner.

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Key takeaways

No coercive step shall be taken against the petitioner in connection with Special Vigilance Unit P.S. Case No. 15 of 2022 (Special Case No. 74 of 2022); if the opposite party fails, the further proceedings will lead to malicious prosecution and failure of justice warranting interference of this Court to decide the case on the basis of materials available on record.ratio¶16

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J), Criminal Miscellaneous No. 26158 of 2025, arising out of Special Vigilance Unit P.S. Case No. 15 of 2022 (Special Case No. 74 of 2022), District Patna: the petitioner, arraigned in a disproportionate-assets vigilance investigation pending for over three years, sought interim protection and stay of proceedings, offering to cooperate with the Investigating Officer and contending that on meticulous calculation of income and expenditure per the prosecution report no disproportionate-assets case was made out. Noting that by order dated 29.04.2025 four weeks had already been granted and that continued prosecutorial failure would affect the petitioner's right under Article 21 of the Constitution of India, and that the petitioner was willing to participate in the investigation, the Court found any coercive action would lead only to malicious prosecution and directed that no coercive step be taken against the petitioner in connection with the said vigilance case, warning that further failure by the opposite party would lead to malicious prosecution warranting this Court's interference. Application re-notified on 04.11.2025.

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.26158 of 2025

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Arising Out of PS. Case No.-15 Year-2022 Thana- VIGILANCE District- Patna

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====================================================== Prashant Kumar

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Additional Chief Secretary, Vigilance Department, 4th Floor

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the Vigilance : Mr. Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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3 14-10-2025

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Heard Mr. Yogesh Chandra Verma, learned senior counsel along with Mr. Anuj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rana Vikram Singh, learned counsel for the Special Vigilance Unit.

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Learned senior counsel appearing on behalf of the petitioner submitted that if meticulously calculations are made and source of income and expenditure is taken into account as has been described in the prosecution report and explained in the present application, no case of disproportionate asset is made out. The petitioner is ready to cooperate in investigation so that he can explain before the Investigating Officer based on

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Patna High Court CR. MISC. No.26158 of 2025(3) dt.14-10-2025 2/3

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the records and the impeccable materials collected in course of the investigation till date. The petitioner, therefore, seeks interim protection and stay of further proceedings.

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Per contra , Mr. Rana Vikram Singh, learned counsel appearing on behalf of the Special Vigilance Unit submitted that by way of last indulgence short time be granted to file counter affidavit and he seeks further one week's time.

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Considering the fact that vide order dated 29.04.2025, this Court had granted four weeks' time considering that the investigation is pending for more than three years and explanation in that regard is wanted as further failure on the part of the prosecution will only affect the right guaranteed to the petitioner under Article 21 of the Constitution of India. The petitioner is willing to participate in the investigation. I find that any coercive action will only lead to malicious prosecution against the petitioner.

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In such circumstances, no coercive step shall be taken against the petitioner in connection with Special Vigilance Unit P.S. Case No. 15 of 2022 (Special Case No. 74 of 2022). In case of failure on the part of the opposite party, the further proceedings will lead to malicious prosecution leading to failure of justice warranting interference of this Court to decide the

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Patna High Court CR. MISC. No.26158 of 2025(3) dt.14-10-2025 3/3

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case on the basis of the materials available on record.

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As prayed for, re-notify the present application on

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04.11.2025.

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(Purnendu Singh, J)

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Niraj/- U T

Prashant Kumar v. the State of Bihar through the Additional Chief Secretary, Vigilance Department, 4TH Floor

Case brief

What is this about?

What did the court decide?

Prashant Kumar v. the State of Bihar through the Additional Chief Secretary, Vigilance Department, 4TH Floor

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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