Patna High Court
Jhulan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita — s. 143
- Child Adolescent Labour (Prohibition and Regulation) Act — s. 14, 3
- J.J. Act — s. 79
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
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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
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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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