Patna High Court
Nepal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that bail should be granted to the petitioners.
Summary
Petitioners Nepal Kumar and Phul Chand Rishi Dev, accused under Sections 143(5) and 146 of the Bihar Narcotic Substances Act and Section 79 of the Juvenile Justice (Care and Protection) Act for alleged child trafficking, applied for regular bail after being in custody since 22 July 2025. They contended they have no prior criminal record, the investigation is complete, and the children recovered were over 14 years old and did not allege any wrongdoing against them. The State opposed bail, asserting serious allegations of trafficking and the presence of several children in their possession. The Court, noting the petitioners' clean antecedents, the length of pre‑trial detention, and the completion of investigation, found no compelling reason to deny bail. Consequently, the Court ordered their release on bail upon furnishing a bond of Rs. 20,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused despite serious allegations of child trafficking
- Whether the completed investigation and clean criminal record justify bail
Legislation cited
- Bihar Narcotic Substances Act — s. 143(5), 146
- Juvenile Justice (Care and Protection) Act — s. 79
Subjects
- regular bail
- child trafficking
- Juvenile Justice Act
- Bihar Narcotic Substances Act
- clean antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87000 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- MANSI RAIL P.S. District- Khagaria
======================================================
1. Nepal Kumar S/o Bona Rishidev Resident of Village - Kala Balwa, Ward
No. 2, P.S - Raniganj, District - Araria
2. Phul Chand Rishi Dev S/o Late Mahendra Rishi Dev R/o Village -
Taliyarhikha, Dhankhadih Ward No. 09, P. S - Shrinagar, District - Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 12-01-2026 Heard Mr. Vinay Kumar, learned counsel for the
Petitioners and Mr. Anuj Kumar Shrivastava, learned APP for
the State.
2. Petitioners seek regular bail in connection with
Mansi (GRPS) P.S. Case No. 30 of 2025 dated 21.07.2025
corresponding to G.R. No. 82 of 2025 registered for the offences
punishable under Sections 143(5) and 146 of the BNS and
Section 79 of the Juvenile Justice (Care and Protection) Act.
3. The main submissions advanced by the petitioners’
counsel are that both the petitioners bear no criminal antecedent,
have been languishing in jail since 22.07.2025 and the
Patna High Court CR. MISC. No.87000 of 2025(3) dt.12-01-2026
2/3
allegation of trafficking of children by both the petitioners is
completely false and they were apprehended on suspicion
though some children are said to have been found with them but
during the course of investigation, none of the recovered
children made any allegation against the petitioners, further, the
said children were above 14 years of age at the time of their
recovery and some of them are in relation of petitioner no. 2. It
is further submitted that against the petitioner, investigation has
been completed.
4. On the other hand, learned APP appearing for the
State has vehemently opposed the prayer for bail of the
petitioners and submits that petitioners were involved in
trafficking of minor children and there is serious allegation
against the petitioners and several children were found in their
possession.
5. Heard both the sides. Though against the petitioners
there is serious allegation, however, considering their clean past,
custody period and completion of investigation against them as
well as averments made by them in this application, this Court is
inclined to release them on bail. Accordingly, let the petitioners
named-above be released on bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty Thousand) each with two sureties of
Patna High Court CR. MISC. No.87000 of 2025(3) dt.12-01-2026
3/3
the like amount each to the satisfaction of the concerned Court
in connection with Mansi (GRPS) P.S. Case No. 30 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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