IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.215 of 2026 Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna ====================================================== Mahboob Alam @ Mahboob Alam Nadvi Son of Abdur Rasheed Resident of Vill.- Ramnagar Bansi, P.S.- Hasanganj, Dist.- Katihar, Bihar. ... ... Petitioner/s Versus The Union of India, through the National Investigation Agency New Delhi ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Kumar Ojha, Adv. For the Respondent/s : Dr Krishna Nandan Singh, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 16-02-2026 The present writ petition has been filed seeking the following reliefs:- “(i) That, an appropriate writ/s, order/s, direction/s; be issued to set aside the order dated 11/12/2025; passed by the learned Special Judge, NIA-Patna (Annexure-P/3), in Spl Case No. 06/2025, R.C. 31/2022/NIA/DLI, arising out of Phulwarisharif P.S. Case no 827/2022, whereby and whereunder the learned Special Judge, NIA Patna has been pleased to allow the application dated 08/12/2025, filed on behalf of the NIA; seeking extension of the period of Investigation beyond 90 days to 180 days, and authorized the judicial custody of petitioner for the same period. (ii) That an appropriate writ an appropriate writ/s, order/s, direction/s; be issued directing the Special Court NIA, to allow the default bail application dated 16/12/2025 of the petitioner, (Annexure P- 4) and Grant Default Bail to the petitioner, and consequently release the petitioner on bail, subject to such terms and conditions Patna High Court CR. WJC No.215 of 2026(2) dt.16-02-2026 2/3 as this Hon'ble Court deems fit. (iii) That an appropriate writ/s, order/s, direction/s; be issued; declaring that, the extension of detention granted to the petitioner, beyond 90 days was bad in law for want of “specific reasons” and due to the sluggish pace of investigation; And/or (iv) Any other relief/reliefs as this Hon’ble High Court may deem fit and appropriate in the facts and circumstances of the present case.” 02. Learned counsel appearing on behalf of the NIA submits that an appeal would only be maintainable against the impugned order in terms of Section 21 of the NIA Act, 2008. 03. However the same is opposed by learned counsel appearing on behalf of the petitioner who submits that the present order being an interlocutory order is not appealable. 04. Apparently, the petitioner has challenged the judicial order and the Hon’ble Supreme Court in the case of Neeta Singh & Ors. Vs. State of U.P. & Ors. passed in Special Leave to Appeal (Crl.) No(s). 13578/2024 has categorically held that the judicial orders are not amenable to challenge under Article 226 of the Constitution of India. 05. Faced with the situation, learned counsel for the petitioner seeks permission to convert the present petition to an appropriate petition under Article 227 of the Constitution of India/Section 528 of the BNSS. Patna High Court CR. WJC No.215 of 2026(2) dt.16-02-2026 3/3 06. Permission is accorded. 07. He is directed to convert the same within one week. 08. Office is directed to extend all cooperation towards conversion. Anuradha/- (Arun Kumar Jha, J) U T