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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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