Khusdil @ Khushi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38888 of 2025 Arising Out of PS. Case No.-69 Year-2022 Thana- SIKTI District- Araria ====================================================== 1.

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

2.

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 ====================================================== Appearance :

For the Petitioners :

Mr. Vijay Kishore Bharti, Advocate For the State :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. 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.

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

4. 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

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

5. 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.

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

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

8. 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

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

(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.

(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.

(Jitendra Kumar, J.) Chandan/- U T