Patna High CourtCR. MISC./41720/2025bail granted

Sadare Alam @ Sadre Alam v. The State Of Bihar

2025-07-04Mr. Justice Arvind Singh Chandel3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41720 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Sadare Alam @ Sadre Alam Son of Md. Manjoor Resident of Village - Khoripakar, Ward No.- 05, P.S.- Patahi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 04-07-2025 This is the 2nd bail application of the petitioner/applicant. The first bail application has been dismissed as withdrawn vide Order dated 09.05.2025 with the liberty to revive the same after framing of the charge.

2. Learned counsel for the petitioner submit that the charges have been already framed against the petitioner on 24.01.2025 however, this fact was not known to the counsel appearing at the time of hearing of withdrawing of the first bail application.

3. The petitioner/applicant is seeking his regular bail in connection with B.M.K.I. Rail P.S. Case No. 66 of 2024 for the offences punishable under Section 143(5) of B.N.S., Section 3 of Bonded Labour System (Abolition) Act, 1976, Section 14

Patna High Court CR. MISC. No.41720 of 2025(2) dt.04-07-2025 2/3 of the Child Labour Prohibition Act, 1986 and Section 79 of the Juvenile Justice (Care & Protection of Children) Act.

4. According to the case of prosecution, it is alleged that on 30.09.2024 at the time of checking two minor boys were found on the platform aged about 15-16 years. It is alleged that the present applicant was taking them along with him for doing the labour work at Amritsar. On the basis of this, offences has been registered against the present applicant and he was taken in custody on 01.10.2024.

5. Learned counsel for the petitioner submits that the petitioner is innocent and falsely implicated in this case. Bare perusal of the FIR and other materials available on record, it prima facie appears that it is a case of child labour and not human trafficking. Lastly, he submits that the petitioner/applicant has no previous antecedent and he is in custody since 01.10.2024, charges have already been framed and trial will take some time. Therefore, on these grounds, it is prayed by the counsel that the petitioner may be granted benefit of regular bail.

6. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.

7. Considering the submissions made by both the

Patna High Court CR. MISC. No.41720 of 2025(2) dt.04-07-2025 3/3 counsels and further considering the detention period of the applicant. I am of the view that the petitioner should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with B.M.K.I Rail P.S. Case No. 66 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned J.M, Railway at Bettiah, West Champaran.

(Arvind Singh Chandel , J) Siddharth Soni/- U