Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as the allegations do not constitute human trafficking and there is no adverse material against him.
Summary
The petitioner, Niranjan Kumar, was arrested on allegations that he transported twelve minor girls to a spinning mill in Tamil Nadu by promising them employment, an act alleged to be human trafficking under Section 143(5) of the B.N.S and Section 79 of the Juvenile Justice Act. The petitioner contended that he merely facilitated the girls’ employment and was himself working alongside them, with the victims’ statements corroborating his claim. The prosecution opposed bail, arguing the seriousness of the alleged offences. The court examined the victim testimonies, the absence of any indication of trafficking, and the petitioner’s clean criminal record. Concluding that the allegations did not amount to human trafficking and that no adverse material existed, the court ordered the petitioner’s release on bail. Bail was granted upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Section 143(5) B.N.S and Section 79 Juvenile Justice Act.
- Whether the conduct alleged constitutes human trafficking or merely facilitation of employment for minor girls.
- Whether the petitioner’s lack of criminal antecedent warrants bail.
Legislation cited
- B.N.S. — s. 143(5)
- Juvenile Justice Act — s. 79
Subjects
- bail
- human trafficking
- juvenile justice
- minor girls
- employment facilitation
- Section 143(5)
- Section 79
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75142 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- DEHRI ON SONE RAIL P.S. District-
Gaya
======================================================
Niranjan Kumar S/O Vijendra Paswan @ Bijendra Paswan R/O Village-
Nathoudha, P.S- Masaudhi, Distt.- Patna. At present residing at Delhapar, Ward
No. 4, Rentpar, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Singh, Advocate
Mr. Kumarshankaram, Advocate
Mr. Awanish Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 143 (5) of B.N.S and Section 79
of Juvenile Justice Act.
3. As per the prosecution case, the allegation against the
petitioner is that he was transporting 12 minor girls by promising
them employment in a spinning mill in Tamil Nadu.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case making
allegation of human trafficking whereas, at best, the petitioner had
only helped the victims and their family by letting them seek
employment in a spinning mill located at Tamil Nadu as has been
alleged in the First Information Report itself. Even during the course
of investigation, the victim girls have stated that their parents and
Patna High Court CR. MISC. No.75142 of 2025(4) dt.23-02-2026
2/2
family members in lieu of money that they would earn by working in
the spinning mill, had sent them along with the petitioner. Paragraphs
96 and 97 of the case diary further indicates that upon being asked
about the petitioner, victims had stated that he was also working
along with them in the mill and no untoward talk had happened
between them and that they are still working in the mill as labour on
account of talks between the family. The petitioner is in custody since
10.05.2025 and has no criminal antecedent. Charge sheet has been
submitted.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that there is no allegation in the
nature of human trafficking against the petitioner rather the allegation
at best indicates getting employment to the victims in a spinning mill
for earning money, the above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees 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 Rail Gaya P.S. Case No.
2125 of 2025.
(Soni Shrivastava, J)
vashudha/-
U T
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