Patna High Court
Nawaz Sharif @ Mithu @ Md. Nawaz SharifversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant bail, holding that the seriousness of the offence warranted the continuation of custody and that the earlier dismissal should not be reviewed.
Summary
The petitioners, Nawaz Sharif and Md. Aslam, applied for regular bail in connection with a case registered under Section 310(2) of the B.N.S. 2023, alleging that they have been in custody since December 5, 2024. The prosecution alleged that six to seven persons, armed, entered the informant's house and looted jewelry and cash. Earlier bail applications filed by the petitioners were dismissed by the same court on April 16, 2025. The learned counsel for the petitioners urged the court to review its earlier order, emphasizing the length of detention. Justice Sandeep Kumar, however, considered the gravity of the offence and declined to revisit the prior decision, dismissing the current bail applications. The court also directed the Superintendent of Police, Katihar, to ensure the attendance of witnesses for the trial.
Issues considered
- Whether bail should be granted to the petitioners under Section 310(2) of the B.N.S. 2023 considering the seriousness of the alleged offence
- Whether the court should review its earlier order dismissing the petitioners' bail applications
Legislation cited
- B.N.S., 2023 — s. 310(2)
Subjects
- bail
- Section 310(2)
- B.N.S. 2023
- gravity of offence
- witness attendance
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65079 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- BARARI District- Katihar
======================================================
Nawaz Sharif @ Mithu @ Md. Nawaz Sharif Son of Late Imran Ali R/O-
Gidhabari, P.S.- Barari, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73051 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- BARARI District- Katihar
======================================================
Md. Aslam S/O Ataur Rahman R/O Baluwa Chowk, P.S.- Barari, Distt.-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 65079 of 2025)
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
(In CRIMINAL MISCELLANEOUS No. 73051 of 2025)
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the States.
2. The petitioners seek bail in connection with
Barari P.S. Case No. 274 of 2024 instituted under Section
310(2) of the B.N.S. 2023.
3. As per prosecution case, six to seven persons
entered the house of the informant armed with weapon and
looted jewelry and cash.
4. Earlier the regular bail applications of the
Patna High Court CR. MISC. No.65079 of 2025(3) dt.09-02-2026
2/2
petitioners was dismissed on 16.04.2025 in Cr. Misc. No. 18422
of 2025 and on 16.04.2025 in Cr. Misc. No. 17783 of 2025
respectively by this Court.
5. The learned counsel for the petitioners submits
that the petitioner is in custody since 05.12.2024.
6. Considering the gravity of the offence, I am not
inclined to review my earlier order.
7. The application for regular bail is, accordingly,
dismissed.
8. The Superintendent of Police, Katihar is directed to
ensure the attendance of the witnesses in the trial on the dates
fixed.
9. Let a copy of this order be communicated to the
Superintendent of Police, Katihar through FAX or e-mail for its
compliance forthwith.
(Sandeep Kumar, J)
Jyoti Kumari/-
U T
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