Patna High Court
Avinash HembramversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to a bond and conditions.
Summary
Avinash Hembram was arrested on 5 June 2025 in connection with a FIR alleging that he and co‑accused were involved in human trafficking of children to various states for labour, an offence punishable under Section 143(vi) of the BNS. The petitioner pleaded that he has a clean antecedent, the allegations are fabricated, and that the statements of the children indicated they left home voluntarily. He also highlighted that similarly situated co‑accused had already been granted bail by the same court. The State opposed bail. Considering the clean antecedent, the bail granted to co‑accused, and the lack of incriminating evidence, the court ordered bail for the petitioner subject to a bond of Rs.10,000 with two sureties and specific conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the charge under Section 143(vi) of the BNS.
- Whether the clean antecedent and bail granted to co‑accused justify granting bail to the petitioner.
- Whether the statements of the children affect the bail application.
Legislation cited
- BNS — s. 143(vi)
Subjects
- bail
- human trafficking
- child labour
- Section 143(vi) BNS
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7950 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- MUZFFARPUR GRP CASE District-
Muzaffarpur
======================================================
Avinash Hembram S/o Ram Hembram Resident of Village- Bangidar, PS-
Dalkola, Distt.- North Deenajpur, W.B.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr.Sheo Kumar Prasad, learned counsel for
the petitioner and Mr.Yogendra Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
05.06.2025 in connection with S.Tr.No.885 of 2025 arising out
of Muzaffarpur Rail P.S.Case No. 124 of 2025, F.I.R. dated
04.06.2025 registered for the offence punishable under Section
143(vi) of BNS.
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
petitioner along with other co-accused persons were taking the
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children to Ambala, Jalandhar, Ludhiana and Amritsar for doing
labour work.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
petitioner was travelling in the trail and he was apprehended
alongwith other co-accused persons on the ground that they
were taking the children in other States for doing labour work.
He further submits that the statement of the children were
recorded in paragraph-68 and 20 of the case diary in which they
have stated that they have left their home on their own Will and
they have not disclosed anything about the petitioner and the
similarly situated co-accused persons, namely, Vikash Kumar @
Vilash Rishi @ Vikash Rishi @ Vilas Kumar, Manoj Kewat and
Tanvir Kumar have been granted bail by this Court vide orders
dated 22.01.2026 and 17.12.2025 passed in Cr. Misc. No. 69857
of 2025, Cr. Misc. No. 77725 of 2025 and Cr. Misc. No. 77967
of 2025 respectively and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 05.06.2025.
5. Learned APP for the State has opposed the prayer
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for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and similarly situated co-accused persons have been
granted bail by 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 learned A.C.J.M.-IX, Darbhanga in connection
with Muzaffarpur Rail P.S. Case No. 124 of 2025, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
cancellation of bail bond of the petitioner. However, the
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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)
Nitesh/-
U T
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