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Patna High Court

Jhulan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

The petitioner, Jhulan Kumar, was arrested on 9 January 2026 in connection with a case of alleged child trafficking and exploitation under Sections 143 of the Bharatiya Nyay Sanhita, 79 of the J.J. Act and Sections 3 and 14 of the Child Adolescent Labour Prohibition and Regulation Act. He pleaded that he has a clean antecedent and that the allegations are fabricated, with no material evidence linking him to the offence. The prosecution opposed bail, arguing the seriousness of the charges. The High Court, after considering the petitioner's clean record and the lack of substantive evidence, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedent. The bail order also provides for cancellation of the bond if the petitioner defaults on the conditions.

Issues considered

  • Whether bail should be granted to the accused in a child trafficking case under the Bharatiya Nyay Sanhita, J.J. Act and Child Adolescent Labour Prohibition and Regulation Act, considering his clean antecedent and alleged lack of material evidence.
  • Whether the conditions imposed by the court for bail are appropriate and sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • child trafficking
  • child labour
  • criminal antecedent
  • Bharatiya Nyay Sanhita
  • J.J. Act
  • Child Adolescent Labour Prohibition and Regulation Act
  • High Court
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25527 of 2026
                     Arising Out of PS. Case No.-2 Year-2026 Thana- RAXAUL RAIL P.S. District- West
                                                        Champaran
                 ======================================================
                 Jhulan Kumar Son of Premi Paswan Resident of village - Laxmipur, Police
                 Station - Lakhaura, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Kishun Prasad, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                    Heard Mr. Ram Kishun Prasad, learned counsel for

                   the petitioner as well as Mr. Nirmal Kumar Sinha, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   09.01.2026 in connection with Raxaul P.S. Case No. 02/2026

                   F.I.R. dated 08.01.2026 for the offences punishable under

                   Sections 143 of the Bharatiya Nyay Sanhita, Section 79 of the

                   J.J. Act and Sections 3 and 14 of the Child Adolescent Labour

                   Prohibition and Regulation Act.

                               3. According to prosecution case, the petitioner along

                   with the co-accused persons was involved in child trafficking

                   and exploitation of minor for labour.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.25527 of 2026(2) dt.16-04-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. The petitioner is

          made accused in this case only on the basis of suspicion and

          except suspicion there is no any cogent material has come

          during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner and the petitioner is in custody since 09.01.2026.

                      5. The learned Additional Public Prosecutor have

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned District and Additional Sessions

          Judge-V, Bettiah, West Champaran in connection with Raxaul

          P.S. Case No. 02/2026, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
             Patna High Court CR. MISC. No.25527 of 2026(2) dt.16-04-2026
                                                         3/3




                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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