Patna High Court
Md. Imroz Alam @ Imroz Khan @ Mandakni @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The court held that no case for anticipatory bail was made out and rejected the petitioner's application.
Summary
The petitioner, Md. Imroz Alam, applied for anticipatory bail after being named in an FIR relating to a shooting incident that occurred inside a civil court campus in Sherghati, Gaya. The FIR, lodged by police informant Kedar Bhagat, alleged that the petitioner was riding a second motorcycle and opened fire during the incident. The petitioner argued that he was not initially named and has no criminal antecedent, while the informant contended that the petitioner was identified in the statement of an injured co‑accused. The court examined the FIR, the co‑accused’s statement, and the surrounding circumstances, concluding that there was sufficient material to implicate the petitioner and that no case for anticipatory bail existed. Consequently, the application for anticipatory bail was rejected, and the court highlighted serious security lapses in civil court campuses, directing immediate remedial measures.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the co‑accused’s statement and the FIR.
- Whether the material on record establishes a prima facie case against the petitioner sufficient to deny anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- security lapses
- court premises
- arms possession
- FIR
- conspiracy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89518 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- AMAS District- Gaya
======================================================
Md. Imroz Alam @ Imroz Khan @ Mandakni @ Chhotu S/o Md. Naseem
Alam @ Naseem Khan Resident of Village - Sihuli, P.S.- Amas, District -
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Mr. Amit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-01-2026 Heard Mr. Md. Javed Jafar Khan, learned counsel for
the petitioner and Mr. Amit Kumar, learned counsel representing
the informant beside learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Amas P.S. Case No. 233 of 2024 registered for
the offence punishable under Sections 111, 109, 61(2) and 3(5)
of the B.N.S. and section 25(1-B)a, 26, 35 and 27 of the Arms
Act, lodged on 24.07.2024 by the informant Kedar Bhagat.
3. The informant is a Police Official who was
stationed at Sub-Divisional Court, Sherghati, Gaya and has
lodged the F.I.R. stating that the accused Arman Khan was
presented before the court of learned Judicial Magistrate, First
Patna High Court CR. MISC. No.89518 of 2025(2) dt.28-01-2026
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Class, Sherghati, Gaya. As he was to be taken back to the Jail
after his appearance and in the process, was being taken to the
Cell inside the Court Campus, the allegation is that the accused
persons opened fire on him. The Police in retaliation also
opened fire and in the process, injuries sustained both by the
accused Arman Khan as also the informant. The Police chased
some of the accused and ultimately caught hold of them
alongwith the revolver. The two accused gave their names as
Rahul Upadhyaya and Shahbaz Khan and further gave the
names of other as Siraj Siddhiqui, Mehdi Hasan, Idani, Arif
Khan and others who were stationed at Rohit International Hotel
in Sasaram. This led to the F.I.R.
4. Learned counsel for the petitioner submits that a
perusal of the F.I.R. would show that he has not been named by
the persons who were apprehended on the spot. Later, the
accused Armanullah Khan @ Arman Khan @ Foto Khan in his
statement has named him as a person who was also riding the
second motorcycle and opened fire. There is absolutely no case
against him and nor he has criminal antecedent.
5. Learned counsel for the informant on the other
hand opposes the prayer submitting that with conspiracy and to
put pressure on Armanullah Khan @ Arman Khan @ Foto Khan
Patna High Court CR. MISC. No.89518 of 2025(2) dt.28-01-2026
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not to appear/depose as a witness in a case lodged against the
accused side, in the court premises itself, firing took place,
Armanullah Khan @ Arman Khan @ Foto Khan was injured
and later gave his statement where he has named this petitioner.
He further submits that even the bail application application of
Shahid Khan, one of the co-accused has been rejected by a
coordinate Bench in Cr. Misc. No. 16402 of 2025 (Shahid Khan
vs. the State of Bihar).
6. This Court has gone through the facts of the case
and the materials on record. An incident has taken place in the
Civil Court Campus, Sherghati. The unfortunate part is that the
accused have now become emboldened enough to even enter the
court premises to execute their plan. Two of the accused persons
were arrested after a long chase, they gave certain names. The
injured, Armanullah Khan @ Arman Khan @ Foto Khan who
was attacked, in his statement has named this petitioner. In that
background, no case for anticipatory bail is made out. The same
is accordingly rejected.
7. Having passed the order, this Court is constrained
to put on record the fact that the present case is an eye opener
clearly showing security lapses in the Civil Court campuses in
the State of Bihar and the holes have to be plugged immediately.
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When this order was being delivered; in came another news that
the accused entered the Patna Civil Court campus on
28.01.2026 with revolvers. Further, on the same day, five Civil
Courts (Bhagalpur, Samastipur, Siwan, Begusarai and
Muzaffarpur) received bomb threats through emails.
8. It is high time that the authorities ensure that the
Civil Court campuses are fully sanitized so that no one [save
and except the Dignatories, the Judicial Officers, the Civil Court
staffs (with identity card around their neck), the learned
counsels, their registered clerks (having Identity Card around
their neck)] is allowed to enter the Court premises unless he/she
is able to prove his/her identity (through the Aadhar
Card/Voter I-card/Driving License etc). Further, their
belongings be also checked in a routine manner at the Civil
Court gate itself. Both the male/female Police Officers should
be stationed alongwith the required machine to make foolproof
entry in the Civil Court campus. Even in the campus, regular
frisking be done to avoid untoward incident.
9. Office is directed to communicate the copy of the
order to all the Principal District Judges in the State of Bihar
immediately so that they can take effective steps for the safety
and security of the Civil Court campuses in consultation with
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the District Police Officials.
10. List this case under the heading ‘To Be
Mentioned’ on 13.02.2026 to peruse the compliance report by
the office.
(Rajiv Roy, J)
vinayak/-
U T
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