Md Imtiyaz v. The State Of Bihar

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 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 2/3 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 3/3 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