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Patna High Court

Satish KumarversusThe Vigilance Department, Bihar, Patna

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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