Patna High Court
Md. AshrafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court inclined to grant bail to the petitioners, subject to bond and sureties.
Summary
The High Court considered bail applications filed by three petitioners accused of carrying a juvenile for the purpose of trafficking, offences punishable under Section 143(V) of the Bihar Narcotic Substances Act, Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986. The petitioners contended that they were taken for work due to extreme poverty and that their parents’ affidavits affirmed the absence of coercion. The State opposed the bail, arguing the seriousness of the alleged trafficking offence. The Court, noting the short period of custody, lack of prior criminal records and the pending trial, decided to grant bail subject to a bond of Rs 10,000 with two sureties. The order expressly limited its observations to the bail application and clarified that they do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to accused persons charged with juvenile trafficking under the specified statutes.
- Whether the nature of the offence, custody period and lack of antecedents justify bail.
Legislation cited
Subjects
- bail
- juvenile trafficking
- child labour
- Juvenile Justice Act
- criminal procedure
- high court
- Bihar
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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