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Patna High Court

Tanvir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

Tanvir Kumar was arrested on 5 June 2025 in connection with a Muzaffarpur railway case alleging that he and others were involved in trafficking children to various states for labour, violating Sections 143(vi) of the Bharatiya Nyay Sanhita, 2023, Section 79 of the Juvenile Justice Act, 2025 and Sections 3 and 14 of the POCSO Act. The petitioner claimed a clean antecedent and that the allegations were fabricated, citing statements of the children that they left home voluntarily and noting that co‑accused had already been granted regular bail. The State opposed bail. The High Court, after considering the clean record and the precedent of bail to similarly situated co‑accused, granted regular bail to the petitioner subject to a Rs 10,000 bond, two sureties, and conditions regarding cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyay Sanhita, Juvenile Justice Act and POCSO Act.
  • Whether the petitioner’s clean antecedent and the bail granted to co‑accused warrant granting bail in this case.

Legislation cited

Subjects

  • bail
  • human trafficking
  • child labour
  • POCSO
  • Juvenile Justice Act
  • Bharatiya Nyay Sanhita
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 77967 of 2025
                  Arising Out of PS. Case No.-124 Year-2025 Thana- MUZFFARPUR GRP CASE District-
                                                       Muzaffarpur
                 ======================================================
                 Tanvir Kumar S/O Late Nandlal Sharma Resident of vill.- Bishunpur, P.S-
                 Gangour, District - Khagaria

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   22-01-2026                      Heard Mr. Santosh Kumar Singh, learned counsel

                   for the petitioner as well as Mr. Damodar Prasad Tiwary, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.06.2025 in connection with Muzzafarpur Rail P.S. Case No.

                   124 of 2025, F.I.R. dated 04.06.2025 for the offences punishable

                   under Sections 143 (vi) of the Bharatiya Nyay Sanhita, 2023

                   and Section 79 of Juvenile Justice Act, 2025 and Section 3 and

                   14 of POCSO.

                               3.      According to prosecution case, on secret

                   information about human trafficking when the informant along

                   with other police personnel reached platform, they found some

                   children sitting on the seat of train and on inquiry found that the
Patna High Court CR. MISC. No. 77967 of 2025(4) dt.22-01-2026
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          petitioner along with other co-accused persons were taking the

          children to Ambala, Jalandhar, Ludhiana and Amritsar for doing

          labour work.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated. Infact the petitioner was

          traveling in the train and he was apprehended along with other

          co-accused persons on the ground that they were taking the

          children in other States for doing labor work. He further submits

          that the statement of the children were recorded in paragraph 68

          and 29 of case diary in which they have stated that they have

          left their home on their own and they have not disclosed

          anything about the petitioner and similarly situated co-accused

          persons, namely, Vikash Kumar @ Vilash Rishi @ Vikash rishi

          @ Vilas Kumar and Manoj Kewat have been granted the

          privilege of regular bail by the co-ordinate Bench of this Court

          vide order dated 17.12.2025 in Cr. Misc. No. 69857 of 2025 and

          Cr. Misc. No. 77725 of 2025. The police after investigation

          submitted charge-sheet and the petitioner is in custody since

          05.06.2025.

                      5. The learned Additional Public Prosecutor has
Patna High Court CR. MISC. No. 77967 of 2025(4) dt.22-01-2026
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          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and similarly situated co-accused

          persons have been granted the privilege of regular bail by the

          co-ordinate Bench of this Court, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Railway Judicial Magistrate, Sonepur,

          Saran in connection with Muzzafarpur Rail P.S. Case No. 124 of

          2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for
            Patna High Court CR. MISC. No. 77967 of 2025(4) dt.22-01-2026
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                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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