Created by Fuzzy Cloud

Patna High Court

Imtiyaz AlamversusThe State of Bihar through the Special Vigilance Unit Patna

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.32846 of 2026(2) dt.13-05-2026
                                            2/4




          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
Patna High Court CR. MISC. No.32846 of 2026(2) dt.13-05-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.32846 of 2026(2) dt.13-05-2026
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.