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Patna High Court

Saroj Kumar Singh @ Saroj KumarversusThe State of Bihar through Vigilance Investigaion Bureau Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner, subject to strict conditions.

Summary

Saroj Kumar Singh, a government peon in the Mining Department, was arrested on 18 February 2026 for allegedly demanding a Rs.10,000 bribe to release a seized vehicle, with Rs.7,000 recovered from his pocket. He was charged under Sections 7(a), 7(c), and 12 of the Prevention of Corruption Act, 1988 and Section 61(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed a clean antecedent and alleged false implication, while the vigilance department argued he was caught red‑handed and a charge‑sheet had been filed. The High Court considered the bail application, the nature of the offences, and the statutory provisions governing bail. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and no tampering with evidence, while allowing verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under the offences charged under the Prevention of Corruption Act, 1988 and Bharatiya Nyay Sanhita, 2023.
  • Whether the circumstances of a red‑handed arrest and a filed charge‑sheet justify denial of bail.

Legislation cited

Subjects

  • bail
  • corruption
  • Prevention of Corruption Act
  • Bharatiya Nyay Sanhita
  • vigilance
  • government servant
  • red‑handed arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29520 of 2026
                       Arising Out of PS. Case No.-20 Year-2026 Thana- VIGILANCE District- Patna
                 ======================================================
                 Saroj Kumar Singh @ Saroj Kumar S/o Late Bharat Singh District Mining
                 Office Kishanganj, Police Station Kishanganj, District Kishanganj, At present
                 resident of 1353/A Ward No. 3 Nahar Canal Road, New Sabajpura -Cum-
                 Khagaul, Police Station Phulwarisarif, District Patna.     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar through Vigilance Investigaion Bureau Bihar Patna
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Vivekanand Singh, Advocate
                 For the Vigilance          :     Mr. Arvind Kumar, Law Officer
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
2   04-05-2026                          Heard Mr. Vivekanand Singh, learned counsel for

                   the petitioner as well as Mr. Arvind Kumar, learned counsel for

                   the Vigilance Department.

                                2. Petitioner seeks bail who is in custody since

                   18.02.2026 in connection with Vigilance P.S. Case No. 20 of

                   2026, F.I.R. dated 16.02.2026 for the offences punishable under

                   Sections 7(a), 7(c) , 12 of the Prevention of Corruption Act,

                   1988 and under Section 61(2) of Bharatiya Nyay Sanhita, 2023.

                                3. According to prosecution case, it is alleged that the

                   petitioner along with other accused person demanded Rs.

                   10,000/- as bribe from the informant to release his seized

                   vehicle from the office of Mining Department.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. Petitioner is a Government
Patna High Court CR. MISC. No.29520 of 2026(2) dt.04-05-2026
                                            2/3




          Servant working on the post of Peon in Mining Department,

          Kishanganj. He next submits that petitioner has not been named

          in the written application of the informant, on the basis of which

          the present FIR has been registered rather only allegation has

          been made in the written application against co-accused, Ashok

          Kumar Choudhary, Head Clerk of Mining Department,

          Kishanganj. He further submits that Vigilance trap team caught

          the petitioner red handed and recovered Rs.7000/- from his

          pocket. He further submits that the police after investigation

          submitted the charge sheet against the petitioner on 14.04.2026

          and the petitioner is in custody since 18.02.2026.

                      5. The learned counsel for the Vigilance Department

          has vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was caught red handed by the

          Vigilance trap team but fairly submits that after completion of

          the investigation, the Vigilance Department has submitted

          charge-sheet against the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Additional

          Sessions Judge-II-cum-Special Judge (Vigilance), Bhagalpur in
            Patna High Court CR. MISC. No.29520 of 2026(2) dt.04-05-2026
                                                        3/3




                      connection with Vigilance Case No. 20 of 2026, subject to the

                      following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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