Patna High Court
Md ImtiyazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Md Imtiyaz, was charged under Sections 305(a), 331(4), 317(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged theft, based mainly on the confessional statement of a co‑accused who identified him. The petitioner contended that he was not apprehended at the scene, no incriminating material was recovered from his possession, and he had been falsely implicated. He also highlighted that he was already on bail in eleven other cases. The State opposed bail, arguing the seriousness of the offences. The Court, noting the lack of direct apprehension, the submission of the charge‑sheet, and the period of custody, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS, including personal appearance and cancellation on non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023 in view of the circumstances of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 317(2), 317(5), 331(4), 3(5), 480(3)
Subjects
- bail
- criminal procedure
- Theft
- Bharatiya Nyaya Sanhita
- Section 480(3)
- co‑accused statement
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32427 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- Sahayak Khajanchi District- Purnia
======================================================
Md Imtiyaz S/O Md. Laik Resident -Aina Mahal Shani Mandir Gulabbagh,
P.S- Sadar, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sahayak Khazanchi P.S. Case No. 166 of 2025
registered for the alleged offences under Sections 305(a),
331(4), 317(2), 317(5), 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, a theft was committed in
the house of the informant and co-accused Rohan Kumar
Paswan was apprehended who disclosed the name of this
petitioner and another co-accused who fled away from the spot
after taking the stolen articles.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner has been named in this case merely on
Patna High Court CR. MISC. No.32427 of 2026(2) dt.12-05-2026
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suspicion and in the confessional statement of co-accused
Rohan Kumar Paswan but the petitioner was not apprehended
from the spot and nothing incriminating has been recovered
from his conscious possession. The petitioner was arrested on
04.11.2025 in some other case from where he has been
remanded in the present case on 16.12.2025. The petitioner is
having antecedent of 11 cases and he is on bail in all such cases.
Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
further considering the period of custody of the petitioner along
with submission of charge-sheet, the petitioner above named is
directed to 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 learned Chief Judicial Magistrate,
Purnea in connection with Sahayak Khazanchi P.S. Case No.
166 of 2025 subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.32427 of 2026(2) dt.12-05-2026
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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