Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 310(2)
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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