Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Suraj Kumar was arrested on 29 January 2026 in connection with a FIR dated 28 January 2026 alleging human trafficking of children to Punjab for labour, charging him under Section 143(5) of the BNS, 2023, Section 79 of the Juvenile Justice Act and Sections 3 and 14 of the Child Adolescent Labour (Prohibition and Regulation) Act, 1986. The petitioner pleaded that he has a clean antecedent, the allegations are fabricated, and the mother of the children testified that they were handed over to him for safe passage, not for exploitation. The State opposed his bail, arguing the seriousness of the offences. The Court examined whether the material on record justified denial of bail and held that the case was based largely on suspicion without substantive evidence. Consequently, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted in a case involving alleged human trafficking and child labour offences when the prosecution's case is based primarily on suspicion.
- Whether the material on record satisfies the criteria for denial of bail under Indian law.
Legislation cited
- BNS, 2023 — s. 143(5)
- Juvenile Justice Act — s. 79
Subjects
- bail
- human trafficking
- child labour
- suspicion
- criminal antecedent
- Section 143(5) BNS
- Section 79 Juvenile Justice Act
- Sections 3 and 14 Child Adolescent Labour Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26551 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Suraj Kumar S/o Suresh Mandal R/o Village- Sripur, P.S.- Bhawanipur,
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Mandal, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr.Arun Kumar Mandal, learned counsel
appearing for the petitioner and Mr.Ashok Kumar Singh,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
29.01.2026 in connection with Chapra Rail P.S. Case No. 12 of
2026, F.I.R. dated 28.01.2026 registered for the offence
punishable under Section 143(5)of BNS, 2023 and Section 79
of J.J. Act and Sections 3 and 14 of Child Adolescent Labour
(Prohibition and Regulation) Act, 1986.
3. As per FIR, the petitioner and others are named in
the FIR and they are indulged in human trafficking and they
were taking the recovered children to Punjab for labour work.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
Patna High Court CR. MISC. No.26551 of 2026(2) dt.21-04-2026
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as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR and
petitioner has been made accused in the present case merely on
the basis of suspicion and except the suspicion, no other cogent
material has come during investigation against the petitioner to
suggest the involvement of the petitioner in the present
occurrence, apart from that, the mother of the apprehended
children has stated before the police that they have given their
children to the petitioner as custodian for reaching them safe at
Punjab and petitioner is in custody since 29.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, 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 learned Railway Judicial Magistrate,
Sonpur, Saran at Chapra in connection with Chapra Rail P.S.
Case No. 12 of 2026, with 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
on his/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.26551 of 2026(2) dt.21-04-2026
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reason, his/her 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)
Nitesh/-
U T
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