Vivek Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71330 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Vivek Kumar Jaiswal Son of Prem Chandra Talwar Resident of villageKarunia, P.S.- Shivnagar, Distt.- Rautahat, Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Bairgania P.S. Case No. 195 of 2024 instituted for the offences under Section 143 of the Bharatiya Nyaya Sanhita, 2023.
3. Allegation against the petitioner is of being indulge in human trafficking. Four minor children who were being taken to Delhi for child labour by this petitioner have been recovered.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that accusation made against the petitioner is false and concocted and petitioner has no concern with the four children who have been recovered.
Patna High Court CR. MISC. No.71330 of 2024(3) dt.21-11-2024 2/2 Learned counsel further submitted that there is no independent witness to the alleged occurrence and the prosecution story is entirely bases on the statements provided by the arrested officer and police team. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.08.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that during course of investigation several witnesses have supported the case of prosecution.
6. Considering the submissions made by learned counsel for the parties and also taking into account the nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for grant of bail to the petitioner is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T