Patna High Court
Satish KumarversusThe Vigilance Department, Bihar, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Satish Kumar, a data entry operator, was arrested under Section 7(a) of the Prevention of Corruption Act for allegedly demanding a bribe of Rs.3,000 to facilitate a mutation work. He contended that he had no authority to influence mutation matters, that the allegations were fabricated, and that the charge sheet filed was based on mere assumptions without material evidence. The petition sought regular bail, arguing innocence and prolonged judicial custody since 10-10-2025. The Vigilance Department opposed bail. Considering the petitioner’s ministerial role, lack of discretionary power, the filing of the charge sheet, and the period of custody, the Court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, while noting that the observations were prima facie and not on the merits of the case.
Issues considered
- Whether regular bail should be granted to a person charged under Section 7(a) of the Prevention of Corruption Act when the charge sheet is filed and the accused holds only a ministerial position without discretionary authority.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a)
Subjects
- regular bail
- Prevention of Corruption Act
- Section 7(a)
- corruption
- vigilance
- ministerial position
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6825 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Satish Kumar Son of Paryag Mahto Resident of village - Karaye, P.S.-
Masaurhi, District - Patna.
... ... Petitioner/s
Versus
The Vigilance Department, Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
Mr. Anuj Kumar
For the Opposite Party/s : Mr. Arvind Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-04-2026 Heard the learned counsel for the petitioner and
learned counsel for the Vigilance.
2. The petitioner seeks regular bail in connection with
Vigilance P.S. Case No. 89 of 2025 registered for the offence
under Section(s) 7(a) of the Prevention of Corruption Act.
3. As per the prosecution case, the petitioner was
allegedly caught red-handed while demanding and accepting a
bribe of Rs. 3,000/- from the complainant for removing
objections and facilitating completion of the complainant’s
mutation work.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
also submitted that the petitioner is in judicial custody since
Patna High Court CR. MISC. No.6825 of 2026(5) dt.30-04-2026
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10.10.2025 and the charge-sheet has already been filed. The
petitioner has been falsely implicated in the present case by the
complainant in alleged collusion with Vigilance personnel. The
prosecution story is highly improbable, false, and fabricated,
appearing to be the result of a malicious conspiracy between the
complainant and the Vigilance authorities. The allegations
against the petitioner are based merely on assumptions and
presumptions, without any material evidence or valid basis to
substantiate them.
5. It is further submitted that the petitioner is only a
Data Entry Operator posted at the Anchal Office, Kako, holding
a purely ministerial and subordinate position. The petitioner has
no statutory power, discretion or authority to dispose of
mutation applications, remove objections, or pass any order
affecting revenue records. The entire decision-making authority
in mutation matters vests exclusively with the Circle Officer,
who is the competent authority.
6. Learned counsel for the Vigilance Department has
vehemently opposed the prayer for bail.
7. Considering the submissions of the parties, the
nature of allegations, the period of custody of the petitioner, and
the fact that charge-sheet has already been submitted, this
Patna High Court CR. MISC. No.6825 of 2026(5) dt.30-04-2026
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application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Vigilance P.S. Case
No. 89 of 2025.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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