Patna High Court
Abdul Kayum @ Abdul QaumversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail and are ordered to be released on bond.
Summary
The petitioners, Abdul Kayum and Md. Zabir Ansari, were arrested in connection with a human‑trafficking case (Muzaffarpur Rail P.S. Case No.161 of 2025) alleging violations of Section 143(6) of the B.N.S., Section 79 of the J.J. Act and Sections 3 and 14 of the Child Adolescent Labour (Prohibition & Regulation) Act. Police claimed the accused were transporting children to Bangalore for work, while the petitioners contended they were merely waiting to board a train and had no criminal antecedent. The prosecution opposed bail, arguing the seriousness of the offences, whereas the defence argued that the FIR identified other co‑accused and that the petitioners were falsely implicated. After hearing both sides, the Court considered the lack of prior record, the circumstances of the arrest, and the principle of liberty pending trial. The Court ordered that both petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the Railway Judicial Magistrate’s satisfaction. The order effectively grants bail and disposes of the bail applications.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the charges under the B.N.S., J.J. Act and Child Adolescent Labour Act.
Legislation cited
- B.N.S. — s. 143(6)
Subjects
- bail
- human trafficking
- child labour
- criminal procedure
- Section 143(6) B.N.S.
- Section 79 J.J. Act
- Section 3 Child Adolescent Labour Act
- Section 14 Child Adolescent Labour Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70783 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Abdul Kayum @ Abdul Qaum S/o Gyasuddin R/o Village- Prasadpur
Dumaria Ward No. 6, P.S.- Mahalgoan, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87130 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Md. Zabir Ansari @ Md. zabir Son of Md. Aalam Ansari @ Md. Alam Ansari
Resident of Village - Parihar Ward No.- 7, P.S.- Parihar, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 70783 of 2025)
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 87130 of 2025)
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Muzaffarpur Rail P.S. Case No.161 of 2025 registered for the
offence punishable under Section 143(6) of B.N.S., Section 79 of
J.J. Act and Sections 3/14 of Child Adolescent Labour (Prohibition
Patna High Court CR. MISC. No.70783 of 2025(4) dt.30-01-2026
2/3
& Regulation) Act.
3. The case of the prosecution, in short, is that police
had information about human trafficking. On this information,
police reached the railway platform and found some feared
children seated on a train. On inquiry, they identified the accused
persons who were taking the children to Bangalore for work in
different shop.
4. Learned counsel appearing on behalf of the
petitioners has submitted that the petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case merely on suspicion. They were sitting on the platform as
they had to board on a train. It has further been submitted that
from perusal of the F.I.R. itself it is clear that when the children
were asked, they told that Kush Kumar and Shrawan Kumar Yadav
were carrying them to Howrah for the packaging work. It has
further been submitted that the main thrust of allegation is against
the co-accused Kush Kumar and Shrawan Kumar Yadav. Petitioner
are having no criminal antecedent and they are languishing in
judicial custody since 15.07.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.70783 of 2025(4) dt.30-01-2026
3/3
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each of them with
two sureties of the like amount each to the satisfaction of the
learned Railway Judicial Magistrate, Sonepur, Saran in connection
with Muzaffarpur Rail P.S. Case No.161 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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