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Patna High Court

Md. Imroz Alam @ Imroz Khan @ Mandakni @ ChhotuversusThe State of Bihar

Decided
Disposal
DISMISSED

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

  • Arms Act — s. 25(1-B)a, 26, 27, 35
  • B.N.S. — s. 109, 111, 3(5), 61(2)

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.
Patna High Court CR. MISC. No.89518 of 2025(2) dt.28-01-2026
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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
            Patna High Court CR. MISC. No.89518 of 2025(2) dt.28-01-2026
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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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