Patna High Court
Istiyak Nadaf @ Md. Isteyak @ Md. IshatiyakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The petitioner's bail application was denied as no fresh ground for bail was established and the offence's gravity warranted continued detention.
Summary
The petitioner, Istiyak Nadaf, sought regular bail in a dacoity case (Jalley P.S. Case No.200 of 2024) involving theft of valuables worth Rs.4,00,000 and charged under sections 310(2) and 311 of the B.N.S., 2023. The trial court had earlier rejected his bail application, noting his self‑inculpatory statement, recovery of looted items from a co‑accused, and his involvement in thirteen other serious criminal cases. On a second bail attempt, the High Court examined whether any fresh ground existed for bail, considering the gravity of the offence, the petitioner’s extensive criminal antecedents, and the lack of new material. The Court found no fresh ground and held that the seriousness of the charges warranted continued detention. Consequently, the bail application was dismissed, and the trial court was directed to expedite the trial and frame charges accordingly.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offence and his criminal antecedents
- Whether any fresh ground exists to merit a review of the earlier bail denial
Legislation cited
- B.N.S., 2023 — s. 310(2), 311
Subjects
- bail
- dacoity
- criminal antecedents
- B.N.S. 2023
- sections 310(2) and 311
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.221 of 2026
Arising Out of PS. Case No.-200 Year-2024 Thana- JALE District- Darbhanga
======================================================
Istiyak Nadaf @ Md. Isteyak @ Md. Ishatiyak Son of Harun Nadaf Resident
of Village- Malhi, Ward No. 13, P.S.- Bathnaha, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the State : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Jalley P.S. Case
No.200 of 2024 registered for the offence punishable under
sections 310(2)/311 of the B.N.S., 2023.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.04.2025 passed in Cr. Misc.
No. 21343 of 2025, which reads as under:
“Heard learned counsel for the
parties.
2. This application for grant of
regular bail arises out of Jale P.S. Case No.200
of 2024 registered for the offence punishable
under sections 310(2)/311 of the B.N.S., 2023.
3. Five persons committed dacoity in
the night and took away golden ornaments,
money and mobile etc. worth Rs.4,00,000/- .
Patna High Court CR. MISC. No.221 of 2026(2) dt.12-02-2026
2/2
4. The petitioner is accused in
thirteen more criminal cases of similar and
serious nature. He has given his self
inculpatory statement and has said that looted
articles were sold to co-acccused Bhikhari
Thakur. On the statement of the petitioner, the
looted articles have been recovered from
Bhikhari Thakur, who has said that he has
purchased the same from the petitioner.
5. Considering the aforesaid facts, I
am not inclined to grant the petitioner privilege
of regular bail. Accordingly, this bail
application is rejected.”
4. Considering the gravity of the offence, the fact that
the petitioner has 14 criminal antecedents and the fact that no
fresh ground for grant of bail is made out, I am not inclined to
review my earlier order.
5. Accordingly, the application stands dismissed.
6. The trial Court is expected to expedite the trial and
frame the charge in accordance with law.
(Sandeep Kumar, J)
P. Kumar
U T
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