Patna High Court
Guddu Sharma @ Guddu ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the allegations were of a serious nature involving multiple offences.
Summary
Guddu Sharma, identified as the operator of an illegal orchestra that was raided in a joint operation by the National Commission for Human Rights, Mission Mukti Foundation and the Child Helpline, was charged with offences under the Bharatiya Nyaya Sanhita, Juvenile Justice (Care and Protection of Children) Act, Immoral Traffic (Prevention) Act and the Bonded Labour System (Abolition) Act. The operation rescued minor girls who were allegedly being mentally and physically exploited. Sharma filed an anticipatory bail application, claiming innocence, a clean antecedent and that the charges were politically motivated. The State opposed the bail, emphasizing the gravity of the alleged crimes. The Court, after hearing both sides, refused the anticipatory bail, holding that the seriousness of the accusations warranted the continuation of the criminal proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature and seriousness of the offences alleged under multiple statutes
- Whether the alleged political motive can defeat the requirement of bail in a case involving human trafficking and bonded labour
Legislation cited
- Bharatiya Nyaya Sanhita — s. 143(3), 146, 98
- Bonded Labour System (Abolition) Act — s. 16, 17, 18
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Juvenile Justice (Care and Protection of Children) Act — s. 75, 79
Subjects
- anticipatory bail
- human trafficking
- juvenile justice
- immoral traffic
- bonded labour
- criminal procedure
- political motive
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43134 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- KOTWA District- East Champaran
======================================================
Guddu Sharma @ Guddu Thakur Son of Sunardev Sharma @ Sondardev
Thakur Resident of village - Adiya, Ps- Kotwa, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Kotwa P. S. Case
No. 99 of 2026 registered for the offences punishable under
Sections 143(3), 146, 98 of the Bharatiya Nyaya Sanhita,
Sections 75, 79 of the Juvenile Justice (Care and Protection of
Children) Act, Sections 3, 4, 5, 6 of the Immoral Traffic
(Prevention) Act and Sections 16, 17, 18 of the Bonded Labour
System (Abolition) Act.
3. As per the prosecution case, on the instruction of
National Commission for Human Rights, New Delhi, a joint
operation was conducted in co-ordination with Mission Mukti
Foundation, Delhi and an investigation team from the Child
Helpline, Motihari during which an illegal orchestra group was
raided from where minor girls, being subjected to forced mental
Patna High Court CR. MISC. No.43134 of 2026(2) dt.01-07-2026
2/2
and physical exploitation were rescued. Petitioner is identified
as an Operator of the aforesaid orchestra.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case with an ulterior motive due
to local politics. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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