Patna High Court
Md. Tanvir @ Md. TanveerversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the applications.
Summary
The petitioners, Md. Imamuddin Khan and Md. Tanvir, were charged under IPC Section 302 for murder and under Sections 25(1‑b)a, 26 and 27 of the Arms Act. They sought bail for the second time after an earlier bail application was rejected on the ground of their alleged involvement in the killing of the deceased, who was shot while sleeping. The petitioners argued that only two of twelve witnesses had been examined, contending that the trial was delayed. The State highlighted that the Superintendent of Police was taking steps to produce the remaining witnesses and emphasized the seriousness of the offences. The Court, after reviewing the record, declined to revisit its earlier order and dismissed the bail applications, directing the police to ensure witness attendance and expedite the trial.
Issues considered
- The appropriateness of granting bail to accused persons in a murder case involving arms offences
- Whether the limited examination of witnesses warrants a reconsideration of the earlier bail denial
- Whether the seriousness of the alleged crime and the risk of tampering with evidence preclude bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- IPC 302
- Arms Act
- criminal procedure
- witness production
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81160 of 2024
Arising Out of PS. Case No.-818 Year-2023 Thana- DANAPUR District- Patna
======================================================
Md. Imamuddin Khan @ Imamuddin @ Md. Imamuddin @ Bangali @
Imamuddin Khan S/O Late Afzal Haq @ Haq Khan @ Afzal Haq Shavan R/O
Village- Bhatti Par, Janakdhari Lal Road, P.S- Danapur, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 13572 of 2025
Arising Out of PS. Case No.-818 Year-2023 Thana- DANAPUR District- Patna
======================================================
Md. Tanvir @ Md. Tanveer Son of Md. Ramzani @ Mohammad Ramjan @
Mohammad Ramjani Resident of Daudpur, P.S - Shahpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81160 of 2024)
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
(In CRIMINAL MISCELLANEOUS No. 13572 of 2025)
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 09-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This is the second attempt on behalf of the petitioners
for grant of bail in connection with Sessions Trial No.1169 of
2023, arising out of Danapur P.S. Case No. 818 of 2023,
registered for the offence under Sections 302 of the I.P.C. and
Sections 25(1-b)a, 26, 27 of the Arms Act.
3. Earlier the bail application of the petitioner has been
Patna High Court CR. MISC. No.81160 of 2024(8) dt.09-02-2026
2/3
rejected vide order dated 09.04.2024 passed in Cr. Misc.
No.4577 of 2024, which reads as under:-
“Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection
with Sessions Trial No. 1169 of 2023 arising out of
Danapur P.S. Case No. 818 of 2023 registered for the
offence under Sections 302 of the Indian Penal Code,
under Section 27 of the Arms Act and Section 25(1-
b)a, 26/27/35 of the Arms Act was also added.
3. As per the prosecution case, the deceased
was shot by someone when he was in sleep. The
brother of the deceased was also sleeping with him in
the same house and he has registered the FIR against
unknown.
4. During investigation it has come that the
petitioner and the deceased were having some
dispute over their property and the petitioner had
hired one Md. Tanveer to kill the deceased.
Thereafter, the deceased was called by his brother in
his house and he slept with the petitioner in the night
and in the morning, the deceased was killed.
Involvement of the petitioner has also come in the
crime.
5. The petitioner is in custody since
27.6.2023.
6. Considering the aforesaid facts and also
considering the fact that the petitioner is involved in
the killing of his own brother, this Court is not
inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.81160 of 2024(8) dt.09-02-2026
3/3
7. Accordingly, this application is dismissed.
8. The Court below is directed to expedite the
trial of the petitioner and conclude the same at the
earliest.”
4. Learned counsel for the petitioners submits that out
of twelve witnesses, only two witness has been examined till
date.
5. The learned APP for the State has submitted that the
Superintendent of Police, Patna West has taken steps for
producing the witnesses on the date fixed.
6. Considering the aforesaid, I am not inclined to review
my earlier order.
7. Accordingly, the application stands dismissed.
8. The Superintendent of Police, Patna West is directed
to ensure the appearance of the witnesses in the trial on the date
fixed, so that the trial is not delayed.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna forthwith through FAX
or E-mail for its compliance.
(Sandeep Kumar, J)
mdrashid/-
U T
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