Patna High Court
Shrawan Kumar @ Shrawan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, holding that he is not directly responsible for the alleged offences.
Summary
Shrawan Kumar, the owner of a brick kiln in Sheikhpura, was implicated in a case alleging illegal transport of migrant labourers by an unlicensed contractor, violating Sections 143(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 9, 12, 25 and 26 of the Inter-State Migrant Workman Act, 1979. The petitioner argued that he was falsely implicated because he was merely the kiln owner and not the contractor who arranged the transport. The prosecution’s FIR described two buses carrying 60 workers being taken to the kiln site without proper licensing. The court examined whether the owner could be held liable for the contractor’s actions and considered the merits of granting anticipatory bail. Finding that the petitioner was not the contractor and that the allegations did not establish his direct involvement, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the owner of a brick kiln can be held liable for offences under the Bhartiya Nyaya Sanhita and the Inter-State Migrant Workman Act for the actions of an unlicensed contractor.
- Whether anticipatory bail is appropriate in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 143(3), 3(5)
Subjects
- anticipatory bail
- migrant workers
- unlicensed contractor
- labour law
- criminal procedure
- Bhartiya Nyaya Sanhita
- Inter-State Migrant Workman Act
- Section 482
- brick kiln
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9287 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Shrawan Kumar @ Shrawan Mahto S/o- Ramji Lal R/v- 319 Sector 8, Urban
Estate Karnal Ps- Karnal Dist- Karnal Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Barbigha Police Station Case No. 188 of 2025, dated
11.10.2025, disclosing offences punishable under
Sections 143(3)/3(5) of the Bhartiya Nyaya Sanhita, 2023
and Sections 9/12/25/26 of the Inter-State Migrant
Workman Act, 1979.
3. The prosecution case, as per the First Information Report
lodged by the Labour Superintendent, Sheikhpura, is that
two buses were parked on the Barbigha-Sheikhpura road
on 10.10.2025, in which many labourers were sitting.
Upon enquiry by the officials, with the help of the police,
it was found that local contractor, Shambhu Prasad, was
Patna High Court CR. MISC. No.9287 of 2026(2) dt.26-02-2026
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transporting the labourers to a job site of brick kiln of
which the petitioner is the owner. The local contractor
was not having any license. A total number of 60 male
and females workers were present in both the buses, who
told the authorities that they were going for work through
local contractor.
4. Learned Counsel for the petitioner submits that the
petitioner has falsely been implicated in this case with
oblique motive by the labour officials. The petitioner has
been made accused merely because he happens to be the
owner of the brick kiln. It is not the case of the
prosecution that the workers were forcibly employed by
the petitioner. It was the local contractor who brought the
workers for performing some works. The workers, who
were sitting in the buses, were not minor and it does not
stand to reason that all the workers, 68 in numbers, would
work in the brick kiln of the petitioner.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the nature of
the allegation against the petitioner, who is the owner of
the brick kiln and the petitioner is not the contractor, who
has brought the workers, I am inclined to grant the
Patna High Court CR. MISC. No.9287 of 2026(2) dt.26-02-2026
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petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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 Sub
Divisional Judicial Magistrate, Sheikhpura, in connection
with Barbigha Police Station Case No. 188 of 2025,
subject to the condition laid down under Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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