Shivdayal Mahto @ Shivdayal Mahto Dayal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52231 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Shivdayal Mahto @ Shivdayal Mahto Dayal Mahto S/o- Kamla Mahto Resident of Village- Jalki W.No-11, Ps- Ajamnagar Dist- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rail Police Station, Muzaffarpur P.S. Case No. 10 of 2025, dated 15-01-2025, registered for offences punishable under Section 143(6) of the Bharatiya Nyaya Sanhita, Section 79 of the J.J. Act, and Section 3/14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
3. The prosecution case, in short, is that 22 minor children were alleged to have been recovered from four accused persons, including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.52231 of 2025(2) dt.11-08-2025 2/2 present case. It is further submitted that there is no independent witness to support the alleged occurrence. It is further submitted that the guardians/parents of six children have sworn affidavits to the effect that they had sent their children with this petitioner for tour and travel, and not for working as child labour. The petitioner has been in custody since 18.01.2025 and has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail.
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 District and Additional Sessions Judge 5th Muzaffarpur, in connection with Rail Police Station Muzaffapur Case No. 10 of 2025.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T