Patna High Court
Chandan Kumar SharmaversusThe State of Bihar through Vigilance
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 61(2)
- Prevention of Corruption Act, 1988 — s. 12, 7(a), 7(c)
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
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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
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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
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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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