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Patna High Court

Shrawan Kumar @ Shrawan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                   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
                                                        3/3




                               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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