Patna High Court
Imtiyaz AlamversusThe State of Bihar through the Special Vigilance Unit Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to strict conditions.
Summary
Imtiyaz Alam, a revenue employee, was arrested on 20 January 2026 after being caught in a vigilance‑laid trap for demanding a bribe of Rs.15,000 from a complainant seeking correction of land records. The complainant alleged that Alam demanded the money to facilitate the rectification of errors in the online land register. The petitioner pleaded that the FIR was fabricated, denied committing any offence, and sought bail. The Special Vigilance Unit opposed bail, citing the trap evidence, recovery of the cash from the petitioner, and an antecedent case (though the petitioner was on bail in that matter). The High Court examined the circumstances, the seriousness of the offence under Section 7 of the Prevention of Corruption Act, and the petitioner’s right to liberty. It ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail under Section 7 of the Prevention of Corruption Act despite being caught in a vigilance trap.
- Whether the existence of a prior case and the recovery of the bribe amount justify denial of bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Prevention of Corruption Act — s. 7
Subjects
- bail
- Prevention of Corruption Act
- bribery
- vigilance trap
- criminal antecedent
- Section 7
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32846 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Imtiyaz Alam S/o Late Mustafa Jamal R/o Village - Denga Chowk, P.S -
Palasi, District - Araria
... ... Petitioner
Versus
The State of Bihar through the Special Vigilance Unit Patna Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
: Mr. Mayank Rai, Advocate
: Mr. Adarsh, Advocate
: Mr. Rakesh Kumar Sharma
For the SVU : Mr. Rana Vikram Singh, Advocate
: Mr. Arvind Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Ramakant Sharma, learned Senior Counsel
for the petitioner and Mr. Rana Vikram Singh, learned counsel
for the Special Vigilance Unit.
2. Petitioner seeks bail who is in custody since
20.01.2026 in connection with Special Vigilance Unit P.S. Case
No. 03 of 2026 for the offence punishable under Section 7 of
Prevention of Corruption Act.
3. The case of the prosecution, in brief, is that the
complainant had purchased a plot of land in the year 2014,
bearing Khata No. 501, Khesra No. 431 in Mauza Farahi, Circle
Narpatganj. The mutation of the land was completed. But some
errors had occurred in his name, his father's name and the area
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of land (Rakba) in the online records under Register- 02. So for
rectification, he had submitted an online application, which was
pending before the Revenue Karamchari. When he met Revenue
Karamchari, Imtiaz Alam then he demanded bribe of Rs.
15,000/-. The complainant was not willing to give bribe, so he
filed the complaint in the Vigilance. After filing of the
complaint, the verification was made and the allegation was
found to be true. Thereafter, trap was laid on 20.01.2026 and the
accused was caught red handed while accepting the bribe
amount of Rs. 15000/-.
4. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR
and petitioner is a Revenue Karamchari and he has demanded
Rs. 15,000/- from the informant and has been caught red handed
and it has come during investigation in the CDR that the
petitioner has demanded Rs. 15,000/- from the informant. It is
submitted that the vigilance after investigation has submitted
charge-sheet and the petitioner is in custody since 20-01-2026.
5. Learned counsel for the Vigilance has opposed the
prayer for bail of the petitioner and submits that petitioner has
been arrested and pre-trap and post-trap memorandum suggest
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that the recovered note belongs to the Vigilance Unit and
recovery has been made from the possession of the petitioner.
Apart from that petitioner has antecedent of one case other than
the present case but fairly submits that the petitioner is on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released 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 Special
Judge, Vigilance, Patna in connection with Special Case No. 13
of 2026, arising out of Special Vigilance Unit P.S. Case No. 03
of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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