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Patna High Court

Swati ChaurasiyaversusThe State of Bihar through Vigilance Patna

Decided
Disposal
BAIL GRANTED

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

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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