Patna High Court
Md. Zabir Ansari @ Md. zabirversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail.
Summary
The petitioners Abdul Kayum and Md. Zabir Ansari applied for bail in a case registered under Section 143(6) of the B.N.S., Section 79 of the Juvenile Justice Act and Sections 3 and 14 of the Child Adolescent Labour (Prohibition & Regulation) Act, alleging involvement in a human‑trafficking incident at Muzaffarpur railway platform. The prosecution claimed the accused were transporting children to Bangalore for work, while the petitioners contended they were merely waiting to board a train and were falsely implicated, with no prior criminal record. The court examined the FIR, the statements of the children, and the lack of direct evidence against the petitioners. Considering the circumstances and the principle of bail for non‑violent offences, the court decided to enlarge bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to the Railway Judicial Magistrate’s satisfaction.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the B.N.S., Juvenile Justice Act and Child Adolescent Labour Act.
- Whether the evidence on record justifies continued judicial custody of the petitioners.
Legislation cited
- B.N.S. — s. 143(6)
- Juvenile Justice Act — s. 79
Subjects
- bail
- human trafficking
- child labour
- criminal procedure
- presumption of innocence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70783 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Abdul Kayum @ Abdul Qaum S/o Gyasuddin R/o Village- Prasadpur
Dumaria Ward No. 6, P.S.- Mahalgoan, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87130 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Md. Zabir Ansari @ Md. zabir Son of Md. Aalam Ansari @ Md. Alam Ansari
Resident of Village - Parihar Ward No.- 7, P.S.- Parihar, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 70783 of 2025)
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 87130 of 2025)
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Muzaffarpur Rail P.S. Case No.161 of 2025 registered for the
offence punishable under Section 143(6) of B.N.S., Section 79 of
J.J. Act and Sections 3/14 of Child Adolescent Labour (Prohibition
Patna High Court CR. MISC. No.70783 of 2025(4) dt.30-01-2026
2/3
& Regulation) Act.
3. The case of the prosecution, in short, is that police
had information about human trafficking. On this information,
police reached the railway platform and found some feared
children seated on a train. On inquiry, they identified the accused
persons who were taking the children to Bangalore for work in
different shop.
4. Learned counsel appearing on behalf of the
petitioners has submitted that the petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case merely on suspicion. They were sitting on the platform as
they had to board on a train. It has further been submitted that
from perusal of the F.I.R. itself it is clear that when the children
were asked, they told that Kush Kumar and Shrawan Kumar Yadav
were carrying them to Howrah for the packaging work. It has
further been submitted that the main thrust of allegation is against
the co-accused Kush Kumar and Shrawan Kumar Yadav. Petitioner
are having no criminal antecedent and they are languishing in
judicial custody since 15.07.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.70783 of 2025(4) dt.30-01-2026
3/3
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each of them with
two sureties of the like amount each to the satisfaction of the
learned Railway Judicial Magistrate, Sonepur, Saran in connection
with Muzaffarpur Rail P.S. Case No.161 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…