Patna High Court
Md. Imamuddin Khan @ Imamuddin @ Md. Imamuddin @ Bangali @ Imamuddin KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the application.
Summary
The petitioners, Md. Imamuddin Khan and Md. Tanvir, were charged under Section 302 of the Indian Penal Code for murder and under Sections 25(1‑b)a, 26 and 27 of the Arms Act. They had been in custody since 27‑06‑2023 and earlier sought bail, which was rejected on 09‑04‑2024. In a second bail application, the petitioners argued that only two of twelve witnesses had been examined, while the State indicated that the police would produce the remaining witnesses. The High Court, after hearing counsel, declined to revisit its earlier order and dismissed the bail application, directing the Superintendent of Police to ensure witness attendance and to expedite the trial. The petitioners remain in custody pending trial.
Issues considered
- Whether bail should be granted to the accused in a murder case involving the Arms Act, considering the seriousness of the offence and the stage of the trial.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- Arms Act
- high court
- witness production
- criminal procedure
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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