Patna High Court
Dharam Paras KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S. — s. 87
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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