Dismissed¶23

Md. Istiyak v. The State of Bihar

Patna HC5 Dec 2025CR. MISC./70538/2025

Case brief

AI extract

What is this about?

Bail rejection, second application; Patna High Court; Cr. Misc. No.70538 of 2025; Warisnagar PS Case No.287 of 2022; Sessions Trial No.219 of 2023; Sections 302/34 IPC; Samastipur; petitioner Md. Istiyak; earlier bail rejection dated 06.09.2023 in Cr. Misc. No.37798 of 2023; report called for on 26.09.2025; evidence of both sides closed; case fixed for argument; disposal expected within one month; trial at fag end; bail prayer rejected; application dismissed; Khatim Reza, J.; order dated 05-12-2025.

What did the court decide?

Having regard to the fact that the case is at its fag end, the Court is not inclined to reconsider the prayer of the petitioner for bail. ¶22

Md. Istiyak Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70538 of 2025

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Arising Out of PS. Case No.-287 Year-2022 Thana- WARISNAGAR District- Samastipur

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Md. Istiyak, Male, aged about 58 years, son of Late Md. Faruque, resident of village- Gohi Naya Tol, PS- Warisnagar District -Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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5 05-12-2025

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶15

The petitioner seeks bail in connection with Warisngar PS Case No.287 of 2022 dated 12.09.2022 giving rise to Sessions Trial No.219 of 2023, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

¶16

This is the second attempt for bail. Prayer of the petitioner for bail was earlier rejected by this Court vide order dated 06.09.2023 passed in Cr. Misc. No.37798 of 2023.

¶17

Vide order dated 26.09.2025, a report was called for from the trial Court about the present stage of trial which has been received and kept on the record.

¶18

Learned counsel for the petitioner at the very outset submits that evidence of both sides have been closed and, now,

¶19

Patna High Court CR. MISC. No.70538 of 2025(5) dt.05-12-2025 2/2

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the case is fixed for argument.

¶21

The report of the trial Court shows that the trial Court has mentioned in the report that the case will be disposed of within one month.

¶22

Having regard to the fact that the case is at its fagend, I am not inclined to reconsider the prayer of the petitioner for bail. Accordingly, prayer of the petitioner for bail is rejected.

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