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CDJ 2026 SC 478 print Preview print Next print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2026 (@ Special Leave Petition (Crl.) No(s). 2797 of 2026)
Judges: THE HONOURABLE MRS. JUSTICE B.V. NAGARATHNA & THE HONOURABLE MR. JUSTICE UJJAL BHUYAN
Parties : Sudhir Kumar Singh Versus The State of Jharkhand\r\n
Appearing Advocates : For the Petitioner: ------ For the Respondent: ------
Date of Judgment : 25-03-2026
Head Note :-
Prevention of Corruption Act, 1988 - Sections 13(1)(c) and 13(a)(d) read with Section 13(2)  -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 409, 420, 467, 468, 471, and 120B of the Indian Penal Code
- Sections 13(1)(c) and 13(a)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988

2. Catch Words:
- Anticipatory bail
- Bail
- Arrest
- Cash security
- Cooperation with investigation

3. Summary:
The appellant challenged the High Court’s refusal to grant anticipatory bail in a criminal matter involving offences under the IPC and the Prevention of Corruption Act. The Supreme Court, after noting the appellant’s cooperation with the investigation and the interim protection already granted, held that the appellant is entitled to anticipatory bail. The Court set aside the High Court’s order and directed that, upon arrest, the appellant be released on bail upon furnishing a cash security of Rs. 25,000 with two sureties. Further directions were issued to ensure the appellant’s cooperation and to prevent any tampering with evidence or witnesses. The appeal was consequently allowed.

4. Conclusion:
Appeal Allowed
Judgment :-

1. Leave granted.

2. This appeal challenges the order dated 20.01.2026 passed by the High Court of Jharkhand at Ranchi in A.B.A No. 5781 of 2025.

3. This criminal appeal arises out of crime registered pursuant to FIR No.09/2025 dated 06.08.2025 registered with P.S. Anti-Corruption Bureau Hazaribagh, Dist. Ranchi in respect of offences punishable under Sections 409, 420, 467, 468, 471, and 120B of the Indian Penal Code and Sections 13(1)(c) and 13(a)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

4. Anticipating arrest in connection with this crime, the appellant preferred A.B.A No. 5781 of 2025 for anticipatory bail before the High Court. Said application having been rejected by the High Court vide impugned order dated 20.01.2026, the appellant has preferred the instant appeal.

5. By order dated 18.02.2026, this Court issued notice in the instant matter and also directed that no coercive steps shall be taken as against the appellant provided he cooperates in the investigation.

6. We have heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State.

7. Learned senior counsel for the appellant submitted that the appellant has been cooperating with the investigation and he also appeared before the investigating officer on 24.02.2026 and thereafter he has not been summoned; that by interim order dated 18.02.2026 this Court had granted interim protection. In the circumstances, the interim protection may be made absolute subject to the terms to be imposed on the appellant.

8. Learned counsel for the respondent-State also acknowledged the fact that the appellant has been cooperating with the investigation and in the circumstances she submitted that appropriate orders may be made in the appeal.

9. Considering the circumstances on record, in our view, the appellant is entitled to the relief of anticipatory bail.

10. We, therefore, allow this appeal and set aside the order passed by the High Court of Jharkhand at Ranchi in A.B.A No.5781 of 2025 dated 20.01.2026.

11. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.

12. It is directed that the appellant shall extend complete cooperation in the ensuing investigation.

13. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

14. With the aforesaid directions, the Criminal Appeal is allowed.
 
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