Patna High Court
Ashraf Ali @ Asraf AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the allegations amount to child labour rather than human trafficking and therefore granted bail to the petitioners.
Summary
The petitioners, Ashraf Ali and Nek Mohammad, were arrested along with three minor girls and two minor boys in a case registered under Section 143 of the B.N.S., Section 79 of the Juvenile Justice Act and Section 14(A) of the Child Labour and Prohibition and Regulation Act, alleged to involve human trafficking. They contended that the children were sent by their parents to work and were not kidnapped, arguing that the matter pertained only to child labour and that they have no prior criminal record. The State opposed bail, citing the seriousness of the offences. The court examined the statements of the minors, noting the absence of kidnapping or exploitation, and considered the petitioners' custody since July 2025. Consequently, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, directing compliance with the lower court where the case is pending.
Issues considered
- Whether the alleged conduct constitutes human trafficking warranting denial of bail or merely a violation of child labour provisions
- Whether the petitioners are entitled to bail despite the seriousness of the offences under the B.N.S., Juvenile Justice Act and Child Labour Act
Legislation cited
- B.N.S. — s. 143
- Juvenile Justice Act — s. 79
Subjects
- bail
- human trafficking
- child labour
- juvenile justice
- minor victims
- Section 143
- Section 79
- Section 14A
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74420 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Ashraf Ali @ Asraf Ali S/o Asrar Ali R/o Village- Nurpur, P.S.- Kadar Chauk,
District- Badai/ Budaun, State- Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 85638 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Nek Mohammad Son of Sahid Miya @ Mohammad Sahid Resident of
Village- Chandranigahpur, Ward No. 4, P.S.- Chandranigahpur, District-
Rautahat, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74420 of 2025)
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Binod Kumar
(In CRIMINAL MISCELLANEOUS No. 85638 of 2025)
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 26-02-2026 As both these bail applications arise out of the same
police station case number, hence, with consent of parties, they
are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
3. The petitioners seek bail in a case registered for the
offence punishable under Section 143 of the B.N.S., Section 79
of the J.J. Act, and Section 14(A) of the Child Labor and
Patna High Court CR. MISC. No.74420 of 2025(5) dt.26-02-2026
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Prohibition and Regulation Act.
4. As per FIR, the petitioners were apprehended by
the police along with three minor girls and two minor boys. It is
alleged that all the victims are minor and it is a case of human
trafficking.
5. Learned counsel for the petitioners has submitted
that the petitioners have been made accused in this case with
allegations that they had taken along with them minor children
for the purposes of providing them jobs and the children have
given statements upon being recovered that it was their parents
who had sent them along with the petitioners for the purposes of
earning money by doing job on account of their poor financial
condition. They have specifically stated that they were neither
kidnapped nor were being taken forcibly without the consent of
their parents. It is thus submitted that it is not a case of human
trafficking but, at best, a case in violation of the provisions of
child labour. Further, the petitioners are in custody since
02.07.2025 with no criminal antecedent.
6. Learned APP for the State has opposed the
application for bail.
7. Taking into consideration the facts and
circumstances and also considering the statements of the minor
Patna High Court CR. MISC. No.74420 of 2025(5) dt.26-02-2026
3/3
children recorded during the course of investigation which
basically relates to child labour and with no allegation of any
kidnapping or they being subjected to any exploitation, let the
above named petitioners, be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each 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 Haraiya P.S. Case No. 80 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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