Patna High Court
Md. Shadab Haidar @ Shadab Haidar @ Md. Shaab HaidarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- B.N.S., 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
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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