Patna High Court
Swati ChaurasiyaversusThe State of Bihar through Vigilance Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond of Rs. 10,000 with two sureties and conditions of court attendance.
Summary
Swati Chaurasiya, a Land Survey Officer, was arrested for allegedly demanding a bribe of Rs. 1,00,000 in connection with an ancestral land dispute, invoking Section 7 of the Prevention of Corruption Act and Section 61(2) of the B.N.S., 2023. She has been in custody since 14‑08‑2025, and a charge‑sheet was filed on 10‑10‑2025, but the prosecution has not produced the required sanction order. The petitioner, represented by Mr. Akash Shankar, argued that she has a clean antecedent, the allegations are false, and the trial is unlikely to conclude soon, especially since a co‑accused was already granted bail. The Vigilance, through Mr. Rana Vikram Singh, opposed bail, contending that the arrest was on the spot and all trap‑case norms were followed. The Court, noting the absence of a sanction order, the petitioner’s clean record, and the precedent of bail to a co‑accused, granted bail on a Rs. 10,000 bond with two sureties and imposed conditions of physical presence in court. The order emphasizes that failure to appear on two consecutive dates may lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged bribery offence under the PC Act and B.N.S., 2023.
- Whether the absence of a sanction order and the likelihood of a prolonged trial justify bail.
Legislation cited
- B.N.S., 2023 — s. 61(2)
- Prevention of Corruption Act — s. 7
Subjects
- bail
- bribery
- Prevention of Corruption Act
- B.N.S., 2023
- land survey officer
- sanction order
- trap case
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82282 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Swati Chaurasiya Daughter of Ashok Kumar Chaurasiya Resident of 114,
Pradhanpura Ward No 9, PO And PS -Jatra District -Tikamgarh, Madhya
Pradesh
... ... Petitioner/s
Versus
The State of Bihar through Vigilance Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Shankar, Advocate
For the Opposite Party/s : Mr. Rana Vikram Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel appearing on behalf of the
Vigilance.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 7 of P.C. Act and section 61(2)
of the B.N.S., 2023.
3. The allegation in the First Information Report is
that the petitioner demanded Rs. 1,00,000/- as bribe from the
complainant for the work relating to ancestral land of the
complainant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and has falsely been implicated
in this case. Learned counsel further submits that petitioner is a
Land Survey Officer and the allegation upon her is that she
along with one Survey Amin had demanded bribe of Rs.
1,00,000/- and subsequently reduced to Rs. 80,000/- and was
Patna High Court CR. MISC. No.82282 of 2025(4) dt.18-02-2026
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caught red handed with currency note of Rs. 50,000/-. It is
further submitted that the allegation of demand are not correct
and the entire transaction of money and the process of trap is
stage managed with the independent witnesses. It has further
been submitted that the petitioner is in custody since 14.08.2025
who has no criminal antecedent and charge-sheet has been
submitted on 10.10.2025. Further, despite lapse of so many days
even after submission of charge-sheet, the prosecution has not
produced the sanction order against the petitioner as a result of
which neither cognizance has been taken nor any progress has
been made in the trial. Further, the charge-sheet indicates that
there are as many as 10 prosecution witnesses and hence there
would be no likelihood of conclusion of trial in near future even
if the trial commences. Similarly situated co-accused person,
namely, Ravi Raj has already been grant bail by the Court of
Vigilance vide order dated 04.12.2025 passed in Spl. Case No.
47 of 2025.
5. Learned counsel appearing on behalf of the
Vigilance however opposes the grant of bail on the ground that
the petitioner was arrested on the spot and all norms of a trap
case have been followed, as such she doesn’t deserve to be
released on bail.
Patna High Court CR. MISC. No.82282 of 2025(4) dt.18-02-2026
3/3
6. Besides above-mentioned facts and circumstances,
it is taken into consideration that the petitioner is in custody and
charge-sheet has been submitted, coupled with the fact that the
petitioner has clean antecedent and till date sanction order has
also not been produced by the prosecution. Considering that
there is no likelihood of conclusion of trial in near future, as
such, no useful purpose would be served by keeping her behind
the bar especially in view of the fact that similarly situated co-
accused person has also been granted bail by the Court of
Vigilance, let the petitioner, be enlarged 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 court
below where the case is pending/successor Court in connection
with SUV P.S. Case No. 17 of 2025, subject to the following
conditions:-
(i). The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Ranjeet/-
U T
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