Patna High Court

Dilkhush Kumar @ Dilkush Kumar MukhiyaversusThe State of Bihar

Decided: 24 March 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) B.N.S.S.

Summary

Petitioner Dilkhush Kumar sought anticipatory bail after being implicated in a case under Sections 137(2), 96, 140(3) and 3(5) of the B.N.S., 2023, alleged to involve the kidnapping of his daughter on 14‑04‑2025. The petitioner argued that he has a clean record, the FIR was lodged 16 days after the alleged incident, and the victim’s statement under Section 183 BNSS did not support the prosecution’s version. The State opposed the bail, contending that the allegations warranted arrest. The court examined the delay, the victim’s statement, and the lack of substantive evidence linking the petitioner to the crime. Finding the petitioner's arguments persuasive and noting the procedural safeguards under Section 482(2) B.N.S.S., the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties of equal amount. The order was conditioned on the petitioner surrendering within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted in view of the alleged kidnapping and the delay in filing the FIR
Whether the petitioner’s clean antecedent and the victim’s statement negate the necessity of arrest

Legislation cited

B.N.S., 2023 — s. 137(2), 140(3), 183, 3(5), 482(2), 96

Subjects

anticipatory bail
false implication
delay in FIR
kidnapping
Section 182
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15700 of 2026
                   Arising Out of PS. Case No.-135 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Dilkhush Kumar @ Dilkush Kumar Mukhiya S/o Lalo Mukhiya @ Lal
                 Bahadur Mukhiya Resident of - Ward No. 13, Village - Mahdipur, P.O -
                 Mahmoodaa, P.S - Alam Nagar, District -Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Piyush Saurav
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 137(2), 96,

                   140(3) and 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his daughter on 14.04.2025 at 4 P.M. left home for

                   attending wedding of her friend but did not reached the venue,

                   on enquiry, it transpired that named accused persons including

                   the petitioner kidnapped her, further petitioner had evil eye on

                   the victim.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.15700 of 2026(2) dt.24-03-2026
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          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner and the victim

          were known to each other. It is also submitted that the date of

          occurrence is 14.14.04.2025 and the FIR came to be instituted

          on 01.05.2025 i.e. after a delay of more than 16 days, which

          also casts an aspersion on the case of the prosecution as to

          whether the victim was kidnapped/abducted by the accused

          persons including the petitioner. It is next submitted that the

          victim came back and her statement was recorded under Section

          183 BNSS, wherein she has not supported the case of the

          prosecution rather stated that she had gone to her maternal grand

          mother’s house on her own sweet will to stay there.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned trial

          court where the case is pending/successor court in connection

          with Alam Nagar P.S. Case No.135/2025, subject to the
             Patna High Court CR. MISC. No.15700 of 2026(2) dt.24-03-2026
                                                         3/3




                       conditions as laid down under Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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