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Patna High Court

Dharam Paras KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The provisional bail previously granted to the petitioner is confirmed, subject to the condition of personal appearance in court on all dates.

Summary

The petitioner, Dharam Paras Kumar, an 18‑year‑old, was arrested in connection with an offence punishable under Section 87 of the B.N.S. after the FIR, originally lodged against unknown persons, was later linked to him through a conversation with the victim. The FIR was filed seven days after the alleged incident without any explanation, and the victim girl remains missing. The petitioner had been in custody since 4 October 2024 but was granted provisional bail on 12 May 2025, which he has not misused and has cooperated with the investigation. The State opposed the bail on the ground of the victim’s continued absence. The Court, noting the petitioner’s young age, lack of criminal antecedents, his cooperation, and the absence of substantive progress in the case, confirmed the provisional bail with a condition of personal appearance in court on all dates. Failure to appear on two consecutive dates without sufficient cause would lead to cancellation of the bail bond.

Issues considered

  • Whether bail should be granted to the accused under Section 87 of the B.N.S. despite the victim’s disappearance and delay in filing the FIR?
  • Whether the petitioner’s cooperation and lack of prior record justify confirmation of provisional bail?

Legislation cited

Subjects

  • bail
  • Section 87
  • B.N.S.
  • missing victim
  • provisional bail
  • delay in FIR
  • young accused
  • cooperation with investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20394 of 2025
                   Arising Out of PS. Case No.-372 Year-2024 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Dharam Paras Kumar S/o Sikender Bind R/o Village- Sosandi, P.S.- Rahui ,
                 District- Nalanda (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajan Divyanshu, Advocate
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   20-02-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 87 of B.N.S.

                                3. Learned counsel for the petitioner submits that the First

                   Information Report has been lodged against unknown persons and

                   the name of the petitioner transpired during the course of

                   investigation on the basis of his conversation with the victim girl on

                   mobile. The FIR was, however, lodged after a delay of seven days for

                   which no explanation was tendered. As a matter of act, the victim

                   herself went somewhere along with some one else and the petitioner

                   was at Ranchi at the time of occurrence. Petitioner was in custody

                   since 04.10.2024 whereafter he was granted provisional bail by a co-

                   ordinate Bench of this Court vide order dated 12.05.2025 and he has

                   remained on provisional bail till date without misusing the privilege
             Patna High Court CR. MISC. No.20394 of 2025(6) dt.20-02-2026
                                                         2/2




                       of the same and the counter affidavit filed on behalf of the State

                       would rather go to show that the petitioner was co-operating in the

                       process of investigation and the recovery of the girl, as stated in

                       paragraph 28 of the counter affidavit.

                                    4. Learned APP for the State opposed the bail petition on

                       the ground that the victim girl is still missing.

                                    5. Taking into consideration the facts and circumstances of

                       the case and also considering the fact that the petitioner initially

                       remained in custody since 04.10.2024 and was subsequently granted

                       provisional bail which he never misused and rather co-operated in the

                       investigation with the police and no substantial progress has been

                       made in the present case, the petitioner is a young boy aged about 18

                       years with no criminal antecedent, the provisional bail granted to the

                       petitioner vide order dated 12.05.2025 stands confirmed, subject to

                       the condition that:-

                                    (i) The petitioner shall remain physically present in court

                       on each and every date fixed in the case and in the event of failure on

                       two consecutive dates without sufficient reasons, his bail bonds shall

                       be liable to be cancelled by the learned court concerned.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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