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Patna High Court

Shamimul Haque @ ShahzadaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner, subject to bond and conditions, finding that the allegations did not warrant denial of bail.

Summary

The petitioner, Shamimul Haque, sought bail in connection with a police case (No.86 of 2026) alleging offences under Sections 308(4), 352, 351(3) and 3(5) of the Bihar Penal Code. The prosecution alleged that he, along with others, visited an informant’s house armed with a pistol and threatened the informant’s wife to compel the informant to withdraw a separate case. The petitioner argued that the alleged intimidation was not corroborated by any independent witness, that no other incriminating material had been found, and that he had undertaken not to repeat such conduct. The State opposed bail, highlighting the seriousness of the threat and the petitioner’s prior criminal antecedents. The Court, noting the absence of any actual harm, the lack of corroboration, the petitioner’s undertaking, and the nature of the allegation, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences of criminal intimidation and threats.
  • Whether the lack of corroborative evidence and the petitioner’s undertaking justify bail despite prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal intimidation
  • threat
  • Section 482
  • high court
  • prior criminal antecedents
  • investigative material

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40420 of 2026
                        Arising Out of PS. Case No.-86 Year-2026 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Shamimul Haque @ Shahzada, Son of Late Abdul Hamid Resident of
                 Shanehelal Hotel, Sabzibagh, P.S.- Pirbahore, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Radhe Shyam, Adv.
                 For the Opposite Party/s :        Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                  Heard learned Advocate for the petitioner and learned

                   Advocate for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Pirbahore P.S. Case No.86 of 2026 registered for the

                   offences punishable under Sections 308(4), 352, 351(3) and 3(5)

                   of the BNS.

                                3. The prosecution case, in brief, is that on the alleged

                   date and time of occurrence, the petitioner, along with the other

                   accused persons, came to the house of the informant armed with

                   a pistol and threatened the informant's wife to convey a message

                   to the informant that he should withdraw Pirbahore P.S. Case

                   No. 11 of 2026, failing which he would be killed.

                                4. Learned Advocate for the petitioner submitted that

                   the previous animosity is evident from the fact that earlier the
Patna High Court CR. MISC. No.40420 of 2026(2) dt.01-07-2026
                                            2/3




          informant had instituted Pirbahore P.S. Case No.11 of 2026

          against the petitioner and others and the animosity is a two-

          edged sword which cuts both the sides. It is further contended

          that although the petitioner had gone to the house of the

          informant, the allegation of extending criminal intimidation is

          not corroborated by any independent witness. Moreover, the

          petitioner undertakes that he would not indulge in such activities

          in future. Besides, during the course of investigation, no other

          incriminating material has been collected against the petitioner.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          there is a serious allegation against the petitioner of having

          threatened the informant to withdraw the earlier case instituted

          against him, besides the petitioner bears two criminal

          antecedents.

                       6. Having considered the submissions set forth by the

          learned Advocates for the respective parties and considering the

          nature of allegation, coupled with the fact that no untoward

          incident occurred pursuant to the alleged threat, besides the

          undertaking of the petitioner, let the above named petitioner, be

          released on bail, in the event of his arrest or surrender before the

          learned Court below within a period of four weeks from today,
              Patna High Court CR. MISC. No.40420 of 2026(2) dt.01-07-2026
                                                          3/3




                        on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        A.C.J.M.-IV, Patna in connection with Pirbahore P.S. Case

                        No.86 of 2026, subject to the condition as laid down under

                        Section 482(2) of the BNSS, with further following conditions:

                                     (i) One of the bailors shall be the own/close family

                        members of the petitioner.

                                     (ii) If the petitioner is found involve in intimidating/

                        threatening the witnesses or the informant or would indulge in

                        such activities in future, the informant/State shall be at liberty to

                        file appropriate application for cancellation of his bail bond(s).



                                                    (Harish Kumar, J)
rohit/-

U         T


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