Patna High Court
Imteyaz @ VickkyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Imteyaz @ Vickky, was arrested in connection with a 2024 case alleging ransom demand and the murder of an informant's brother, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution’s case is based on the alleged involvement of co‑accused who fired on the victim, while the petitioner claims he was implicated only through confessional statements of co‑accused and is not named in the FIR. He argues that no specific overt act is attributed to him and points to a prior bail order granted to another co‑accused. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence against the petitioner, his period of custody, and the precedent of bail to co‑accused, the Court granted bail on condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the allegations against the petitioner constitute specific charges or a general, omnibus accusation that would preclude bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(2), 191(3), 308(2), 308(5), 61(2)
Subjects
- bail
- criminal procedure
- ransom demand
- murder
- arms act
- Bharatiya Nyaya Sanhita
- false implication
- general allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12178 of 2026
Arising Out of PS. Case No.-706 Year-2024 Thana- PIRBAHOR District- Patna
======================================================
Imteyaz @ Vickky S/o- Md. Shamim Village- Soddique House Market Hali
PS- Alamganj, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pirbahor P.S. Case No. 706 of 2024, instituted for the offences
under Sections 191(2), 191(3), 190, 308(2), 308(5), 103(1) and
61(2) of the Bharatiya Nyaya Sanhita, 2023 and u/s 27 of the
Arms Act.
3. Prosecution case, in short, is that accused persons,
including the petitioner, demanded Rs. 20 Lakhs as ransom from
the brother of the informant. On 20.10.2024, when the brother
of the informant was coming on his motorcycle, in the
meantime, co-accused Majid Khan and Raza along with 4-5
unknown persons started firing indiscriminately on his brother
resultantly, brother of the informant died.
Patna High Court CR. MISC. No.12178 of 2026(2) dt.10-03-2026
2/3
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that during the course of investigation the
name of the petitioner transpired in this case on the basis of
confessional statement of co-accused Maujid Khan @ DD and
Md. Sonu. The petitioner is not named in the F.I.R. Learned
counsel for the petitioner submits that general and omnibus
allegation has been made against the petitioner. No specific
overt act is alleged against the petitioner. Charge-sheet has
been submitted in this case. Learned counsel for the petitioner
further submits that other co-accused has been granted bail by a
Co-ordinate Bench of this Court vide order dated 17.02.2026
passed in Cr. Misc. No. 9614 of 2026. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
14.10.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.12178 of 2026(2) dt.10-03-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pirbahor P.S. Case
No. 706 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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