Patna High Court
Saroj Kumar Singh @ Saroj KumarversusThe State of Bihar through Vigilance Investigaion Bureau Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 61(2)
- Prevention of Corruption Act, 1988 — s. 12, 7(a), 7(c)
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
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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
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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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