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Patna High Court

Chandan Kumar SharmaversusThe State of Bihar through Vigilance

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail, subject to a bond of Rs 10,000, two sureties, and the condition of cooperating with the trial and appearing on every date fixed by the court.

Summary

Chandan Kumar Sharma, a data entry operator, was arrested in a vigilance case alleging that he received Rs 14,000 from an informant after a pay‑fixation dispute, violating Sections 7(a), 7(c), 12 of the Prevention of Corruption Act and Section 61(2) of the B.N.S., 2023. The petitioner claimed he was falsely implicated, that the main blame lay with the Block Education Officer, and that he had no prior criminal record, having been in judicial custody since 13 December 2025. He applied for bail, while the vigilance authorities opposed the relief, seeking his cooperation and presence at every trial date. The court examined the nature of the offences, the petitioner’s low‑level position, and the possibility of ensuring his attendance through conditions. It concluded that bail could be granted provided the petitioner cooperates with the trial and appears as required. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties, subject to the stipulated conditions.

Issues considered

  • Whether bail should be granted to the petitioner under the Prevention of Corruption Act and the B.N.S., 2023 in view of the alleged offences and the circumstances of his custody.

Legislation cited

Subjects

  • bail
  • Prevention of Corruption Act
  • vigilance
  • corruption
  • data entry operator
  • pay fixation
  • Section 61(2) B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18966 of 2026
                       Arising Out of PS. Case No.-107 Year-2025 Thana- VIGILANCE District- Patna
                 ======================================================
                 Chandan Kumar Sharma S/o Ishwar Sharma R/o Baradhi Gola, Akodhi Gola,
                 Rohtas, P.S.- Akodhi, Distt.- Rohtas

                                                                                   ... ... Petitioner/s
                                                    Versus
                 The State of Bihar through Vigilance Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar, Advocate
                                                   Mr. Hemant Kumar, Advocate
                                                   Mr. Gaurav Prakash, Advocate
                                                   Mr. Vijay Kumar Sah, Advocate
                                                   Mr. Prabhat Kumar, Advocate
                 For the Opposite Party/s :        Mr. Arvind Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State and the learned counsel appearing on behalf of

                   the Vigilance.

                                 2. The petitioner has prayed for bail in connection

                   with Vigilance Special Case No. 03 of 2026 arising out of

                   Vigilance P.S. Case No. 107 of 2025 registered for the offence

                   punishable under Sections 7(a), 7(c), 12 of the P.C. Act and

                   61(2) of the B.N.S., 2023.

                                 3. The case of the prosecution, in short, the pay

                   fixation of the informant and other teachers was pending before

                   the Block Education Officer (B.E.O.), and they have talked to

                   him on 16.11.2025. He has assured that he will fix their pay and
Patna High Court CR. MISC. No.18966 of 2026(3) dt.23-04-2026
                                            2/3




          will charge Rs. 1,500/- per person and directed them to hand

          over the service book to Data Operator Chandan Kumar Sharma

          (the petitioner). As the informant was suffering losses from non-

          fixation of the pay, he was ready to pay the demanded amount.

          In pre-and post-trap, it was found that the petitioner had

          received Rs. 14,000/- and was caught red-handed.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          falsely been implicated in this case by the complainant in

          collusion with Vigilance personnel. He also submits that in this

          case, the main thrust of allegation is against the Block

          Education Officer. Petitioner is only a Data Entry Operator. He

          further submits that a statement has been made in para 3 of the

          petition that petitioner has no criminal antecedent and he is

          languishing in judicial custody since 13.12.2025.

                       5. The application for bail is opposed by learned

          counsel for the Vigilance and has submitted that the petitioner

          may be directed to cooperate in the trial and shall remain

          physically present on each and every date fixed by the learned

          court below.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is
           Patna High Court CR. MISC. No.18966 of 2026(3) dt.23-04-2026
                                                       3/3




                     inclined to enlarge the petitioner on bail with the condition

                     that the petitioner shall cooperate in the trial and shall

                     remain physically present on each and every date fixed by

                     the learned court below. 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 Special Judge

                     Vigilance, Patna in connection with Special Case No. 03 of

                     2026 arising out of Vigilance P.S. Case No. 107 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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