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Patna High Court

Md. Kamaal @ Md. Kamal @ Mohammad KamalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Md. Kamaal was arrested on 29 January 2026 in connection with a case alleging that he trafficked children to Punjab for labor, invoking Sections 143(v) of the B.N.S., 79 of the Juvenile Justice Act, and 3/14 of the Child Adolescent Labour (Prohibition and Regulation) Act, 1986. The petitioner claimed a clean antecedent, asserted that the FIR was fabricated, and presented an affidavit from the children's guardians stating the children were traveling to meet family members. He also highlighted that a co-accused, Suraj Kumar, had been granted bail in a similar case. The State opposed the bail application. The Court, after considering the submissions, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • What is the appropriateness of granting bail to the petitioner accused of human trafficking and child labour offences?
  • Whether the allegations in the FIR are false and the petitioner is entitled to bail despite the seriousness of the offences?

Legislation cited

Subjects

  • bail
  • human trafficking
  • child labour
  • juvenile justice
  • criminal procedure
  • section 143(v) B.N.S.
  • section 79 Juvenile Justice Act
  • section 3/14 Child Adolescent Labour Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33056 of 2026
                    Arising Out of PS. Case No.-12 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
                 Md. Kamaal @ Md. Kamal @ Mohammad Kamal Son of Md. Halim
                 Resident of Village- Madhepura, P.S.- Madhepura, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghvendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-05-2026                      Heard Mr. Raghvendra Kumar Singh, learned

                   counsel for the petitioner and Mr. Bhanu Pratap Singh, learned

                   APP for the State.

                                2. 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 offences

                   punishable under Sections 143(v) of the B.N.S. and 79 of J.J.

                   Act and 3/14 of Child Adolescent Labour (Prohibition and

                   Regulation) Act, 1986.

                                3. The petitioner is said to have indulged in human

                   trafficking and he is taking the children to Punjab for labour

                   work in the train.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.33056 of 2026(2) dt.15-05-2026
                                            2/3




          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          The guardian of the children/victim have filed an affidavit

          stating therein that the children were going to Punjab for to meet

          his family members with the petitioner and other co-accused

          persons (Annexure-P/2 series).                 Learned counsel for the

          petitioner further submits that for the same set of allegation co-

          accused person, namely, Suraj Kumar has been granted bail by

          this Court vide order dated 21.04.2026 passed in Cr. Misc. No.

          26551 of 2026.           He further submits that the police after

          investigation submitted chargesheet against the petitioner and

          the petitioner is in custody since 29.01.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Railway Judicial Magistrate, Sonepur/concerned Court,

          Saran at Chapra in connection with Chapra Rail P.S. Case No.
               Patna High Court CR. MISC. No.33056 of 2026(2) dt.15-05-2026
                                                           3/3




                         12 of 2026, subject to the following conditions :-

                                      (1) 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 absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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