Patna High Court
Lal Bihari Kumar @ Lal Bihari KuarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner on condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner, Lal Bihari Kumar, was arrested on charges under Section 79 of the Juvenile Justice Act and Sections 3 and 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 for allegedly trafficking children to Vijayawada for work on an under‑construction over‑bridge. The prosecution’s case is based on information that the petitioner, along with others, was moving children found on a train to the bridge site. The petitioner contended that the allegations are false, stating he was merely taking the children to his father’s house at the request of their parents for non‑hazardous employment, and that the children’s statements corroborated this. He has no prior criminal record, has been in custody since 9 September 2025, and the charges were framed on 18 December 2025, with the case now at the prosecution‑evidence stage. The court noted that a co‑accused, Arvind Kumar, had previously been granted bail. Considering the lack of a complaint, the petitioner’s clean record, and the stage of the proceedings, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under the Juvenile Justice Act and the Child and Adolescent Labour Act in the alleged child‑trafficking case.
Legislation cited
Subjects
- bail
- child trafficking
- juvenile justice
- child labour
- human trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14355 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Lal Bihari Kumar @ Lal Bihari Kuar S/o Jokhu Manjhi Resident of Village-
Khaira Tola, Ward No 16, PS- Nautan, District- Bettiah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 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 79 of J.J. Act and u/s 3 and 14
of the Child Adolescent Labour (Prohibition and Regulation)
Act, 1986.
3. As per the prosecution case, the informant along
with other police officials on getting confidential information
about human trafficking reached Muzaffarpur Platform and
found some children seated in the train. On enquiring they
disclosed that accused persons including petitioner were taking
the children to Vijaywada for work of an under construction
over bridge.
Patna High Court CR. MISC. No.14355 of 2026(2) dt.25-02-2026
2/3
4. Learned counsel for the petitioner submits that the
allegation of trafficking of children made under section 143 (5)
of BNS for the purposes of getting labour work done from them
is absolutely false and concocted and as a matter of fact the
petitioner himself is a student and he was going to his father
when the parents of the adolescent victim had asked him to take
them along with him to his father’s place for the purposes of
some employment opportunities for them. It is also pointed out
that the children were aged about 15-16 years for whom even
according to Child and Adolescent Labour (Prohibition and
Regulation) Act, 1986 employment at Hazardous places is only
prohibited and not that any other employment is prohibited. In
any view of the matter, the petitioner was only trying to help the
parents of these children and this fact has been supported by the
statement of the children recorded during course of investigation
in paragraph nos. 72 to 77 where they have clearly stated that no
allurement was provided by the petitioner in this regard. Further
the petitioner, having no criminal antecedent, is in custody
since 09.09.2025 and the charges have already been framed on
18.12.2025 and the case is now at the stage of prosecution
evidence. It is pointed out that the similarly situated co-accused,
Arvind Kumar has already been granted bail by this Court vide
Patna High Court CR. MISC. No.14355 of 2026(2) dt.25-02-2026
3/3
order dated 19.02.2026 passed in Cr. Misc. No.80000 of 2025.
5. Learned APP for the State opposes the grant of
bail.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner was
only taking the children along with him to his father’s house and
there is no complaint during course of investigation by parents
of such children and further charges have already been framed,
let the above named petitioner, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
/concerned Court below in connection with Muzaffarpur G.R.
P.S. Case No. 193 of 2025/concerned court below.
7. It is pointed out that the case is now pending before
the learned Additional District and Sessions Judge-17,
Muzaffarpur and as such the bail bonds shall be furnished at the
place where the case is presently pending.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…