Patna High Court
Sushil MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court declined to grant bail, dismissing the petitioner's application.
Summary
The petitioner, Sushil Mandal, was arrested on 18 January 2025 for alleged human trafficking of children to Punjab and Haryana. He is charged under Section 143(6) of the Bharatiya Nyaya Sanhita, 2023, Section 79 of the J.J. Act, and Section 3/14 of the C.A.L.(P & R) Act. The petitioner filed a second bail application after an earlier bail denial on 30 July 2025. The Court observed that the charges have been framed and the trial has already commenced, emphasizing the gravity of the offence. Relying on the Supreme Court’s directive in Pinki v. State of Uttar Pradesh to expedite human‑trafficking trials, the Court refused bail and dismissed the application.
Issues considered
- Whether bail should be granted to an accused in a human‑trafficking case where charges are framed and trial has commenced.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(6)
Subjects
- bail
- human trafficking
- criminal procedure
- trial commencement
- Bharatiya Nyaya Sanhita
- child trafficking
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15068 of 2026
Arising Out of PS. Case No.-10 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Sushil Mandal S/O Kailash Mandal R/O Vill.- Gahehi Pachma, P.s- Kodha,
Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey, Advocate
For the State : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Muzaffarpur Rail
P.S. Case No. 10 of 2025 registered for the offence under
Sections 143(6) of the Bharatiya Nyaya Sanhita, 2023, under
Section 79 of the J.J. Act and 3/14 of the C.A.L.(P & R) Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 30.07.2025 passed in Cr. Misc.
No. 45286 of 2025, which reads as under:
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Muzaffarpur Rail P.S. Case No.
10 of 2025 registered for the offence under
Sections 143(6) of the Bharatiya Nyaya Sanhita,
Patna High Court CR. MISC. No.15068 of 2026(2) dt.25-02-2026
2/2
2023, under Section 79 of the J.J. Act and ¾ of
the C.A.L.(P & R) Act.
3. This is a case of human trafficking.
The petitioner was found involved in trafficking
children to Punjab and Haryana. He has been
arrested along with the children. The petitioner
is in custody since 18.01.2025.
4. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to
the petitioner. Accordingly, this application for
regular bail is hereby rejected.
5. Since this is a case of human
trafficking, the Court below is directed to
conclude the trial of the petitioner and other co-
accused within six months from today as there is
a direction of the Hon’ble Supreme Court
regarding the same in the case of Pinki Vs.
State of Uttar Pradesh reported as 2025 SCC
OnLine SC 781.
6. Let a copy of this order be
communicated to the Principal District and
Sessions Judge, Saran at Chapra through FAX
for its compliance forthwith.”
4. Learned counsel for the petitioner submits that the
charges have been framed in the trial.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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