Baijyanath Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4269 of 2025 Arising Out of PS. Case No.-228 Year-2024 Thana- SAMASTIPUR GRP CASE DistrictSamastipur ====================================================== Baijyanath Sada, S/o Bahor Sada, R/o vill - Malikana, ward no. 2, Bharwari, P.S. - Rosera, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Samastipur Rail P.S. Case No. 228 of 2024 dated 01.10.2024, instituted for the offence punishable under Sections 143, 3(5) of Bhartiya Nyay Sanhita and Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3/14 of Child Labour Act, 1986.

3. The allegation against the petitioner and one other accused person is that they were taking four children to Ambala for the purpose of human trafficking.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that only on the

Patna High Court CR. MISC. No.4269 of 2025(2) dt.12-02-2025 2/2 basis of the suspicion, the petitioner has been made accused in this case. The said four children were handed over to their respective parents. None of the parents of the aforesaid children has complained against the petitioner. Learned counsel for the petitioner further submits that one of the parents, namely, Soshila Devi, wife of Ganesh Sada has filed an affidavit stating therein that her Nandoshi (petitioner) was accompanying her child, namely, Karan Kumar for better studying in Ambala. Lastly, it has been submitted that the petitioner is in custody since 02.10.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Railway, Samastipur in connection with Samastipur Rail P.S. Case No. 228 of 2024.

(Khatim Reza, J) premchand/- U T