Md. Taslim @ Taslim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82275 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Md. Taslim @ Taslim S/O Md. Tahir @ Tahir Hussain R/O Village- Radhwa, P.S- Kauakoal, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Sasaram Rail P.S. Case No. 105 of 2024 for the offence punishable under Sections 143 B.N.S. & 79 of the J.J. Act lodged on 28.07.2024 by the informant, Chandra Gupta.
3. As per the prosecution story, the informant, a Government Officer, alleged that while making a check in Chennai Express, found minor children alongwith this petitioner travelling and upon query, they confessed that they have been taken for labour work which led to the FIR.
4. Learned counsel for the petitioner submits that contrary to the allegation, they actually were going to study in a school with the consent of the family members but the allegation has been made that they were being taken for the
Patna High Court CR. MISC. No.82275 of 2024(2) dt.02-12-2024 2/3 labour work. He has no criminal antecedent and has already suffered by being in custody since 29.07.2024 (para-12 of the petition).
5. Learned APP opposes the prayer submitting that he was carrying the minor children.
6. Having gone through the facts of the case and submissions of the parties, stand of the petitioner is that they were being taken for study with the consent of the family members, he has no criminal antecedent and is in custody since 29.07.2024, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya, in connection with Sasaram Rail P.S. Case No. 105 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.82275 of 2024(2) dt.02-12-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T