Patna High Court
Tanvir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 143(vi)
- Protection of Children from Sexual Offences Act (POCSO) — s. 14, 3
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
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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
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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
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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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