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Patna High Court

Md. Shadab Haidar @ Shadab Haidar @ Md. Shaab HaidarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered that the petitioners be released on bail subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Md. Shadab Haidar and Shahvaj Haidar, sought bail fearing arrest in connection with PS Case No.148 of 2025, where they were alleged to have demolished a wall and assaulted an informant’s family under several sections of the B.N.S., 2023. The prosecution’s case was based on a written report stating the incident occurred on 7 October 2025. The petitioners argued the matter was a counter‑complaint to an earlier case they had filed and that no injuries were sustained, emphasizing their clean antecedent. The State opposed bail. After hearing both sides and noting the existence of a reciprocal case, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., including verification of criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioners pending trial for offences under Sections 126(2), 115(2), 303(2), 3(5), 74, 352 and 351(2) of the B.N.S., 2023.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • counter‑complaint
  • assault
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24653 of 2026
                      Arising Out of PS. Case No.-148 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
           1.     Md. Shadab Haidar @ Shadab Haidar @ Md. Shaab Haidar Son of Julfkar
                  Haidar Resident of village - Parham, P.S.- Naya Ramnagar, District -
                  Munger
           2.    Shahvaj Haidar Son of Julfkar Haidar Resident of village - Parham, P.S.-
                 Naya Ramnagar, District - Munger

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                                                  Ms. Nitu Kumari, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   16-04-2026                   Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Morkahi P.S. Case No.148 of 2025, for allegedly having

                   committed offences under Sections 126(2), 115(2), 303(2), 3(5),

                   74, 352 and 351(2) of the B.N.S., 2023.

                                 3. As per the prosecution story, lodged on the basis of

                   the written report submitted by the informant, to the effect that

                   on 07.10.2025 at about 09:00 a.m., while the informant was at

                   her home, all the accused persons named in the F.I.R., including

                   the petitioners came together and demolished the wall of the

                   informant’s sister-in-law. When the informant screamed, her
Patna High Court CR. MISC. No.24653 of 2026(2) dt.16-04-2026
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          sister-in-law along with her brother also came out and they tried

          to stop them from doing so, then all the accused persons started

          abusing the informant and other family members and they also

          assaulted them with fists and sticks.

                       4. The learned counsel for the petitioners submits that

          the present case is a counter blast of Morkahi P.S. Case No.147

          of 2025, lodged by the petitioner no.1 against the informant and

          others. It is further submitted that no injury was found on any of

          the persons, including the informant. It is submitted that the

          petitioners have got a clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail of the petitioners.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that there is case

          and counter case in between the parties. The petitioner no.1 also

          lodged an F.I.R. against the informant and the informant also

          lodged the present case against the petitioners.

                       7. Taking into consideration the facts aforesaid, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks, be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction
               Patna High Court CR. MISC. No.24653 of 2026(2) dt.16-04-2026
                                                           3/3




                         of the learned A.C.J.M.-Ist, Khagaria in connection with

                         Morkahi P.S. Case No.148 of 2025, subject to the conditions

                         laid down under Section 482(2) of the B.N.S.S. with a further

                         condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J)

Sanjay/-

U          T


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