Patna High Court
Shahidul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, three young men from West Bengal, were arrested in Muzaffarpur Rail Police Station on charges of carrying a juvenile for the purpose of trafficking, alleged to violate Sections 143(V) of the Bihar Narcotic Substances Act, Section 79 of the Juvenile Justice Act, 2015 and Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. They contended that they were taking the juvenile for work to alleviate extreme poverty and that no coercion was involved, supported by affidavits from their parents. The State opposed bail, arguing the seriousness of the offences. The Court considered the short period of custody, the petitioners' clean criminal record, and the fact that they would have to stand trial, and therefore inclined to grant bail. Accordingly, each petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the Railway Judicial Magistrate’s satisfaction.
Issues considered
- Whether bail should be granted to the accused under Sections 143(V) B.N.S., 79 JJ Act 2015 and 3 Child Labour Act, 1986 in a case of alleged juvenile trafficking.
Legislation cited
Subjects
- bail
- juvenile trafficking
- child labour
- juvenile justice
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23900 of 2026
Arising out of PS. Case No.-8 Year-2026 Thana- MUZAFFARPUR RAIL P.S. District- Saran
======================================================
1. Shahidul Haque S/o Ajahar Ali Resident Of Village- Soidpur, P.s.-
Karmdehi, Dist.- North Dinajpur, W.B.
2. Afsar Alam Son of Noor Islam @ Nurul Islam Resident of village-
Babangama @ Bamangram, ward no. 12, P.S. Raiganj, District- Raiganj
(W.B.)
3. Tanvir Alam Son of Rajaul Haque Resident of village- Shikarpur Dalkola,
P.S.- Chakaliya, District- North Dinajpur (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 32857 of 2026
Arising out of PS. Case No.-8 Year-2026 Thana- MUZAFFARPUR RAIL P.S. District- Saran
======================================================
Md. Ashraf S/O Afsar Alam @ Md Afsar R/O Village- Silampur, Ward no. 5,
PS- Balrampur, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 23900 of 2026)
For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 32857 of 2026)
For the Petitioner/s : Mr. Md. Helal Ahmad, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Muzaffarpur Rail P.S.
Case No. 08 of 2026, registered for the alleged offence
Patna High Court CR. MISC. No.23900 of 2026(3) dt.19-05-2026
2/3
punishable under Sections 143(V) of B.N.S. and Section 79 of
J.J. Act 2015 along with Sections 3 of 2014 of Child Adolescent
Labour (Prohibition and Regulation) Act, 1986.
3. The allegation is that the petitioners are alleged to
be carrying Juvenile for the purposes of trafficking.
4. Learned counsel for the petitioners submits that
they were being taken for work and they left under extreme
poverty and were trying to support their family. Their parents
have filed affidavits stating that no coercion was involved.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the period of custody and absence of
criminal antecedents against the petitioners and the fact that
they have to face trial, this Court is inclined to grant bail to the
petitioners.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned
Railway Judicial Magistrate, Sonepur, in connection
with Muzaffarpur Rail P.S. Case No. 08 of 2026.
8. It is made clear that any observation made
Patna High Court CR. MISC. No.23900 of 2026(3) dt.19-05-2026
3/3
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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