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Patna High Court

Md. AslamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the offence justified continued detention.

Summary

The petitioners, Nawaz Sharif and Md. Aslam, were charged under Section 310(2) of the B.N.S. 2023 for allegedly entering an informant's house armed, looting jewelry and cash. Both have been in custody since 5 December 2024 and filed regular bail applications, which were previously dismissed on 16 April 2025. They sought bail again, arguing prolonged detention, while the State opposed the release. Justice Sandeep Kumar considered the seriousness of the alleged offence and the prior dismissal of bail applications. Concluding that the gravity of the case warranted continued custody, the court refused to review its earlier order and dismissed the bail applications. The Superintendent of Police, Katihar was directed to ensure witness attendance in the trial.

Issues considered

  • Whether bail should be granted to the petitioners under Section 310(2) of the B.N.S. 2023 considering the gravity of the alleged offence and prior bail dismissals

Legislation cited

Subjects

  • bail
  • Section 310(2)
  • gravity of offence
  • custody
  • 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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