Allowed¶21

Khusdil @ Khushi v. The State of Bihar

Patna HC11 Sept 2025CR. MISC./38888/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Patna High Court; CR. MISC. No.38888 of 2025; Khusdil @ Khushi and Dildar v. State of Bihar; Sikty PS Case No. 69 of 2022; Araria; Sections 341, 323, 379, 363, 365, 504, 506 IPC; abduction of victim; statement under 164 Cr.PC denying allegations; no criminal antecedents; first bail application; Section 482 (2) B.N.S.S., 2023; bail bond Rs. 10,000/- with two sureties; bail bond cancellation conditions; decided 11-09-2025 by Justice Jitendra Kumar.

What did the court decide?

Petitioners to be enlarged on bail in the event of arrest or surrender before the court below within eight weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to Section 482 (2) B.N.S.S., 2023 conditions and two specified cancellation conditions. ¶21

Khusdil @ Khushi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioners, apprehending arrest in Sikty PS Case No. 69 of 2022 (offences under Sections 341, 323, 379, 363, 365, 504, 506 IPC), are entitled to be enlarged on bail in the event of arrest.

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Court's answer

The petition is allowed: the petitioners are to be enlarged on bail in the event of their arrest or surrender before the court below within eight weeks, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, the Court being influenced particularly by the victim having appeared and denied the allegations.

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Ratio / Principle

The bail is made subject to the conditions laid down under Section 482 (2) of the B.N.S.S., 2023.

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Key takeaways

Condition (i): if it is brought to the notice of the court below that the petitioners have criminal antecedents, the court below shall cancel the bail bonds after hearing them, if satisfied that the petitioners concealed their criminal antecedents despite knowledge of the same.ratio¶24
Condition (ii): if it is brought to the notice of the court below that the statement regarding a previous bail petition is wrong, the court below shall cancel the bail bonds of the petitioners.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court (Jitendra Kumar, J.) allowed the petitioners' application apprehending arrest in Sikty PS Case No. 69 of 2022 (Araria), registered for offences under Sections 341, 323, 379, 363, 365, 504, 506 IPC. The Court noted the allegation that the victim was abducted, and that the victim had appeared and given her statement under 164 Cr.PC denying the allegations against the accused persons; the petitioners were stated to have no criminal antecedents and not to have previously applied for bail in the case. Bail granted: petitioners to be enlarged on arrest or surrender within eight weeks on bail bonds of Rs. 10,000/- each with two sureties of the like amount, subject to Section 482 (2) of the B.N.S.S., 2023, with conditions permitting cancellation of bonds if criminal antecedents were concealed or if the statement about a previous bail petition was found wrong.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38888 of 2025

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Arising Out of PS. Case No.-69 Year-2022 Thana- SIKTI District- Araria

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======================================================

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Khusdil @ Khushi, S/o Khurshid Alam @ Sah Khurshid, R/o vill - Salgori, ward no. 2, P.S.- Sikty, Distt.- Araria.

¶5

Dildar S/o Late Rijabul R/o vill - Salgori, ward no. 2, P.S.- Sikty, Distt.Araria

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr. Vijay Kishore Bharti, Advocate For the State : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 11-09-2025 Heard learned counsel for the petitioners and learned

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APP for the State.

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The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Sikty PS. Case No-69 of 2022, registered for the offences punishable under Sections 341, 323, 379, 363, 365, 504, 506 of the Indian Penal Code.

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As per allegation, the victim was abducted by the accused-Petitioner.

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Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the alleged victim has appeared

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Patna High Court CR. MISC. No.38888 of 2025(3) dt.11-09-2025 2/3

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and given her statement before learned Judicial Magistrate under 164 Cr.PC, in which she has denied the whole allegation against the accused persons. He also submits that several coaccused have already been enlarged on bail by co-ordinate Benches of this Court.

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It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

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Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, particularly the fact that the victim has appeared and given her statement, denying the allegations against the Petitioner, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection

¶22

Patna High Court CR. MISC. No.38888 of 2025(3) dt.11-09-2025 3/3

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with Sikty PS. Case No-69 of 2022, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

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(Jitendra Kumar, J.)

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Chandan/-

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U T

Khusdil @ Khushi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Khusdil @ Khushi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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