Patna High Court
Md. MujahirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the absence of evidence of coercion, as reflected in the victims' voluntary intent to travel, justified granting regular bail to the petitioner.
Summary
The petitioner, Md. Mujahir, was arrested in connection with a case alleging involvement in human trafficking and charged under multiple statutes including the Bihar Narcotic Substances Act, the POCSO Act, the Immoral Traffic (Prevention) Act and the Juvenile Justice Act. He applied for regular bail, claiming innocence, while the State opposed the relief. The court examined the victim girls' statements, which indicated that they were attempting to travel to Nepal of their own volition along with the accused. Considering these facts, the court found no sufficient ground to deny bail. Consequently, the court granted regular bail on the condition of a Rs.10,000 bond and two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the BNS Act, POCSO Act, ITPA, and JJ Act
- Whether the victim statements indicating voluntary travel to Nepal negate the element of coercion required for human trafficking offences
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(3), 143(2), 143(3), 143(4), 143(5), 144, 96
- Immoral Traffic (Prevention) Act — s. 3, 5
- Juvenile Justice (JJ) Act — s. 81
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- regular bail
- human trafficking
- POCSO Act
- Immoral Traffic (Prevention) Act
- Juvenile Justice Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4355 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- GALGALIYA District- Kishanganj
======================================================
Md. Mujahir S/O Md Abdul Matim @ Abudl Matin R/O Village - Dangibari
Matin Tola, P.S- Kurli kot, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
Mr. AK Ghosh, Advocate
Mr. Bajarangi Lal
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the learned Senior counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Galgalia P.S. Case No. 68 of 2025, registered for offences under
Sections 137(2), 140(3), 96, 143(2), (3), (4), (5), and 144 of the
BNS; Section 8 of the POCSO Act; Sections 3 and 5 of the
Immoral Traffic (Prevention) Act; and Section 81 of the JJ Act.
3. As per the prosecution case, the petitioner is alleged
to have been involved in the business of human trafficking.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 19.08.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.4355 of 2026(3) dt.25-03-2026
2/2
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girls, it appears that they were trying to enter
Nepal willingly along with the accused persons including the
petitioner.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Galgalia P.S. Case
No. 68 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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