Patna High Court
Jitan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail and ordered his release on bail.
Summary
The petitioner, Jitan Kumar, applied for regular bail in a criminal miscellaneous case registered under sections 143(5) and 146 of the BNS, 2023, alleging that he was falsely implicated in a trafficking of minor boys case. The prosecution alleged that the petitioner, along with others, was found with minor boys and was involved in their trafficking. The petitioner contended that there were no specific allegations against him, that the families of the recovered boys had sent them to work due to poverty, and that he had no prior criminal record. He also highlighted that co‑accused in a similar case had been granted bail on 12‑01‑2026. Considering the lack of concrete evidence, the petitioner’s long pre‑trial custody since 22‑07‑2025, and the precedent of bail in the similar case, the court ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 143(5) and 146 of the BNS, 2023.
- Whether the prosecution’s allegations and the evidence on record justify denial of bail.
- Whether the grant of bail to co‑accused in a similar case is a relevant factor for the present bail application.
Legislation cited
- BNS, 2023 — s. 143(5), 146
Subjects
- regular bail
- trafficking of minors
- sections 143(5) BNS 2023
- section 146 BNS 2023
- pre‑trial detention
- bail precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88690 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- MANSI RAIL P.S. District- Khagaria
======================================================
Jitan Kumar Son of Subodh Rishidev Resident Of Village -Bausi Ward No 7,
Ps -Basethi, Dist -Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 143 (5) and
146 of the BNS, 2023.
3. The case of the prosecution is that the petitioner
along with others were found with minor boys. It is alleged that
they were trafficking them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further alleged that there
is no specific allegation against him. During the course of
investigation, the family members of the recoverd boys were
examined and they have stated in their statement that due to
Patna High Court CR. MISC. No.88690 of 2025(3) dt.11-02-2026
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poverty they had themselves sent the minor boys for working. It
is further submitted that similar situated co-accused persons has
already been granted bail vide order dated 12.01.2026 passed in
Cr. Misc. No. 87000 of 2025. Moreover, the petitioner is
languishing in judicial custody since 22.07.2025 having no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Mansi (GRPS) Rail P.S. Case No. 30
of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Railway Judicial Magistrate, Khagaria, Bihar.
(Ashok Kumar Pandey, J)
Jagdish/-
U
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