Patna High Court
Md. Kamaal @ Md. Kamal @ Mohammad KamalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 143(v)
- Child Adolescent Labour (Prohibition and Regulation) Act, 1986 — s. 3/14
- Juvenile Justice Act — s. 79
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
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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//-
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