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Patna High Court

Dharmendra Kumar @ Dharmendra Kumar SahniversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the petitioner’s delay and the seriousness of the murder charge warranted custody.

Summary

The petitioner, Dharmendra Kumar, was charged with kidnapping the informant's daughter for marriage, initially under Sections 365 and 366/34 of the Indian Penal Code, but the charge sheet later listed Section 302, elevating the offence to murder. He surrendered on 29 March 2025 after a prolonged delay since the alleged incident in 2018 and has been in custody since. The petitioner sought bail, arguing that the case relied solely on the informant’s testimony and a counter‑affidavit by the Superintendent of Police. The State opposed bail, emphasizing the seriousness of the murder charge and the petitioner’s role in causing procedural delays. The Court noted the change in charge, the seriousness of the offence, and the petitioner’s contribution to the delay, and consequently refused bail. The judgment allowed the petitioner to re‑apply for bail after the framing of charges.

Issues considered

  • Whether bail should be granted in a case now charged under Section 302 IPC after a delay caused by the petitioner
  • Whether the change of charge from kidnapping to murder affects the bail eligibility

Legislation cited

Subjects

  • bail
  • kidnapping
  • murder
  • delay
  • charge sheet
  • IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36958 of 2025
                   Arising Out of PS. Case No.-479 Year-2018 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Dharmendra Kumar @ Dharmendra Kumar Sahni S/O Ram Lakhan
                 Chaudhary @ Lakhan Lal Shahni Resident of Village- Purushotampur, P.S.-
                 Majhauliya, District- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Ramakant Sharma, Sr. Advocate
                                                  Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

9   20-02-2026                   Heard Mr. Ramakant Sharma, learned senior counsel

                   for the petitioner and learned APP for the State.

                                      2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 365 and 366/34 of the

                   Indian Penal Code.

                                      3.   As per the prosecution case, the petitioner in

                   association of other co-accused is said to have kidnapped the

                   daughter of the informant for solemnizing marriage.

                                      4. It is submitted by learned senior counsel for the

                   petitioner that the entire case rests on the evidence of last seen

                   even      considering       the   counter      affidavit     filed     by     the

                   Superintendent of Police. However, this Court realises that the

                   case is of the year 2018 and it is the fault of the petitioner that
            Patna High Court CR. MISC. No.36958 of 2025(9) dt.20-02-2026
                                                        2/2




                      enough delay has been caused and finally the petitioner

                      surrendered on 29.03.2025 and since then he is in custody. The

                      chargesheet has been submitted in this case. Initially the case

                      was instituted under Section 365 and 366/34 of the Indian Penal

                      Code but the chargesheet has been submitted under Section 302

                      of the I.P.C. making the case serious in nature.

                                         5. Learned APP for the State vehemently

                      opposing the bail petition submitted that considering the

                      seriousness of the offence, the petitioner does not deserve

                      privilege of bail.

                                        6. Taking into consideration the facts and

                      circumstances of the case and also realizing the fact that the

                      delay in this case has been caused and the progress of this case

                      has been hampered due to the petitioner, I am not inclined to

                      enlarge the petitioner on bail at this stage. The prayer for bail is

                      hereby rejected. However, the petitioner would be at liberty to

                      renew his prayer for bail after framing of charge.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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