Patna High Court
Bacha Lal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding that the allegations against him were not substantiated and that he was entitled to liberty pending trial.
Summary
Bacha Lal Kumar was arrested in connection with a human‑trafficking case (Muzaffarpur Rail P.S. Case No.161 of 2025) alleging violations of 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. The prosecution claimed the accused were transporting children to Bangalore for work, while the petitioner contended he was merely waiting on the platform and was falsely implicated, with the primary allegations against co‑accused Kush Kumar and Shrawan Kumar Yadav. He had no prior criminal record and had been in judicial custody since 15 July 2025. The State opposed bail, but the court, after hearing both sides and considering the circumstances, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the ADJ‑XVI, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., Juvenile Justice Act and Child Adolescent Labour Act.
Legislation cited
- B.N.S. — s. 143(6)
- Juvenile Justice Act — s. 79
Subjects
- bail
- human trafficking
- child labour
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88631 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Bacha Lal Kumar, S/o Ram Janam Sahani, R/o Village- Bada Mangru, Ward
No. 12, P.S.- Madhuban, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has 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
& 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 petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.88631 of 2025(2) dt.06-01-2026
2/2
offence. He has been falsely implicated in this case merely on
suspicion. He was sitting on the platform as he has 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 is having no criminal
antecedent and he is 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
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.D.J.-XVI,
Muzaffarpur in connection with Muzaffarpur Rail P.S. Case
No.161 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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