Patna High Court
Sanjay KumarversusThe Dept. of Vigilance, through its Director General, Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner upon execution of a bail bond with two sureties.
Summary
The petitioner, Sanjay Kumar, a government employee, was accused of demanding a Rs.5,000 bribe from a complainant for processing a land mutation application and was caught red‑handed accepting Rs.4,500. He filed a petition for regular bail under section 7(a) of the Prevention of Corruption Act, claiming he had already forwarded the mutation form before the alleged bribe demand and that he was innocent. The Vigilance Department opposed the bail, submitting that the petitioner was caught accepting the bribe. After hearing both sides, the High Court considered the facts and circumstances and decided to enlarge bail. The court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the Special Judge, Vigilance, Patna. The bail was granted pending trial.
Issues considered
- Whether regular bail can be granted to an accused under section 7(a) of the Prevention of Corruption Act in a bribery case.
- Whether the circumstances of the alleged bribe and the petitioner’s claim of prior submission of the mutation form affect bail eligibility.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a)
Subjects
- bribery
- bail
- Prevention of Corruption Act
- section 7(a)
- land mutation
- government employee
- vigilance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16987 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Sanjay Kumar S/O Ashnarayan Thakur Village- Madhopur, P.S- Madhuban,
Dist.- East-Champaran at Motihari.
... ... Petitioner/s
Versus
1. The Dept. 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 Opposite Party/s : Mr. Arvind Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 7(a) of P.C.
Act.
3. The case of the prosecution is that the complainant
has submitted online application for mutation of his land. On
25.11.2025, the said land was inspected by the petitioner,
thereafter, the petitioner demanded Rs. 5000/- bribe from the
complainant for his mutation work and threatened that if the
bribe amount is not paid then his mutation application would be
rejected. Thereafter, trap was laid on 27.11.2025 and accused
was caught red handed while accepting the bribe amount of Rs.
Patna High Court CR. MISC. No.16987 of 2026(3) dt.18-04-2026
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4500/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of
Annexure P/2 it will transpire that the petitioner has forwarded
the form for mutation prior to the trap on 27.11.2025. It has
further been submitted that there was no occasion for the
complainant to pay bribe as alleged as the petitioner has already
forwarded the mutation form. He has further submitted that he is
a Government Employee and is languishing in judicial custody
since 28.11.2025.
5. Learned APP appearing for the State and learned
counsel for the Vigilance Department have vehemently opposed
the prayer of regular bail. Counter affidavit has been filed on
behalf of the Vigilance Department and has submitted that the
petitioner was caught red handed while accepting the bribe
amount of Rs. 4500/-.
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 released on bail in connection with
Vigilance P.S. Case No. 101 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.16987 of 2026(3) dt.18-04-2026
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Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court of Special Judge,
Vigilance, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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