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Patna High Court

Istiyak Nadaf @ Md. Isteyak @ Md. IshatiyakversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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