Imtiyaz Khan @ Imteyaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60236 of 2025 Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Imtiyaz Khan @ Imteyaz Khan S/O Salauddin Khan @ Salauddin Sipahi R/O Village/Mohalla- Naya Tola, Pathan Toli, Near Masjid, P.S- Phulwarisarif, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP For the Informant :

Mr. Arvind Kumar Mouar, Advocate Mr. Raj Krishna Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif. P.S. Case No. 779/2025 dated 19.05.2025 registered for the offence punishable u/s 103(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the co-accused persons, namely, Afsar Khan, Sharukh Khan, Akhtar Ali @ Golden, Ameer Jalal, and Aftab Mallik fired bullets upon the husband of the informant, as a result of which, he died due to bullet injury. The informant suspects that this petitioner

Patna High Court CR. MISC. No.60236 of 2025(2) dt.10-09-2025 2/3 alongwith 9 other co-accused persons have conspired with aforesaid five accused and got the husband of informant killed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no eye witnesses of the alleged occurrence. The petitioner was not present at the time of alleged occurrence. The specific allegation of firing is against the co-accused persons. The petitioner is only alleged to be conspirator. The other co-accused person has been granted anticipatory bail by the co-ordinate bench of this court vide order dated 25.08.2025 passed in Cr. Misc. No. 55724/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2025.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the petitioner is also involved in conspiracy to kill the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.60236 of 2025(2) dt.10-09-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Patna in connection with Phulwarisharif. P.S. Case No. 779/2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T