Avinash Hembram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7950 of 2026 Arising Out of PS. Case No.-124 Year-2025 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Avinash Hembram S/o Ram Hembram Resident of Village- Bangidar, PSDalkola, Distt.- North Deenajpur, W.B. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-03-2026 Heard Mr.Sheo Kumar Prasad, learned counsel for the petitioner and Mr.Yogendra Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 05.06.2025 in connection with S.Tr.No.885 of 2025 arising out of Muzaffarpur Rail P.S.Case No. 124 of 2025, F.I.R. dated 04.06.2025 registered for the offence punishable under Section 143(vi) of BNS.
3. According to prosecution case, on secret information about human trafficking when the informant along with other police personnel reached platform, they found some children sitting on the seat of train and on inquiry found that the petitioner along with other co-accused persons were taking the
2/4 children to Ambala, Jalandhar, Ludhiana and Amritsar for doing labour work.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the petitioner was travelling in the trail and he was apprehended alongwith other co-accused persons on the ground that they were taking the children in other States for doing labour work.
He further submits that the statement of the children were recorded in paragraph-68 and 20 of the case diary in which they have stated that they have left their home on their own Will and they have not disclosed anything about the petitioner and the similarly situated co-accused persons, namely, Vikash Kumar @ Vilash Rishi @ Vikash Rishi @ Vilas Kumar, Manoj Kewat and Tanvir Kumar have been granted bail by this Court vide orders dated 22.01.2026 and 17.12.2025 passed in Cr. Misc. No. 69857 of 2025, Cr. Misc. No. 77725 of 2025 and Cr. Misc. No. 77967 of 2025 respectively and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 05.06.2025.
5. Learned APP for the State has opposed the prayer
3/4 for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent and similarly situated co-accused persons have been granted bail by this Court, let the petitioner, above named, 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 A.C.J.M.-IX, Darbhanga in connection with Muzaffarpur Rail P.S. Case No. 124 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T