Allowed¶31

Shahidul Haque v. The State of Bihar

Patna HC19 May 2026CR. MISC./23900/2026

Case brief

AI extract

What is this about?

Bail granted; juvenile trafficking allegation; carriage of juveniles for work; parents' affidavits of no coercion; extreme poverty defence; Ss. 143(V) B.N.S.; S. 79 J.J. Act 2015; S. 3 Child Adolescent Labour (Prohibition and Regulation) Act 1986; Muzaffarpur Rail P.S. Case No. 08/2026; Railway Judicial Magistrate, Sonepur; bail bonds Rs. 10,000 with two sureties; prima facie observations caveat; Patna High Court; Ansul, J.; Crl. Misc. Nos. 23900 and 32857 of 2026; decided 19-05-2026.

What did the court decide?

All petitioners released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Sonepur, in connection with Muzaffarpur Rail P.S. Case No. 08 of 2026. ¶31

Shahidul Haque Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether the petitioners, booked in Muzaffarpur Rail P.S. Case No. 08 of 2026 for allegedly carrying juveniles for the purposes of trafficking, should be released on bail.

¶27

Court's answer

Taking into account the period of custody, the absence of criminal antecedents against the petitioners, and that they have to face trial, the Court is inclined to grant bail.

¶30

Ratio / Principle

The petitioners are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Railway Judicial Magistrate, Sonepur, in connection with Muzaffarpur Rail P.S. Case No. 08 of 2026.

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Key takeaways

Observations made in the order are prima facie, limited solely to adjudication of the bail application, and shall not be construed as an expression on the merits or influence the trial or any other proceedings.obiter¶34

Detailed headnote1 paragraphs

Patna High Court (Ansul, J., oral order dated 19-05-2026) allowed bail in connected Criminal Miscellaneous Nos. 23900 and 32857 of 2026 arising from Muzaffarpur Rail P.S. Case No. 08 of 2026, in which the petitioners were alleged to be carrying juveniles for the purposes of trafficking, the offence being punishable under Sections 143(V) of B.N.S., Section 79 of J.J. Act 2015 and Sections 3 of 2014 of the Child Adolescent Labour (Prohibition and Regulation) Act, 1986. Bail was granted having regard to the period of custody, absence of criminal antecedents and the pendency of trial, on bail bonds of Rs. 10,000/- each with two sureties of the like amount, before the learned Railway Judicial Magistrate, Sonepur. The Court clarified that its observations are prima facie, confined to the bail adjudication, and shall not bear on the merits at trial.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23900 of 2026

¶2

Arising out of PS. Case No.-8 Year-2026 Thana- MUZAFFARPUR RAIL P.S. District- Saran

¶3

======================================================

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Shahidul Haque S/o Ajahar Ali Resident Of Village- Soidpur, P.s.Karmdehi, Dist.- North Dinajpur, W.B.

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Afsar Alam Son of Noor Islam @ Nurul Islam Resident of villageBabangama @ Bamangram, ward no. 12, P.S. Raiganj, District- Raiganj (W.B.)

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Tanvir Alam Son of Rajaul Haque Resident of village- Shikarpur Dalkola, P.S.- Chakaliya, District- North Dinajpur (W.B.)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶11

======================================================

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with CRIMINAL MISCELLANEOUS No. 32857 of 2026

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Arising out of PS. Case No.-8 Year-2026 Thana- MUZAFFARPUR RAIL P.S. District- Saran

¶14

======================================================

¶15

Md. Ashraf S/O Afsar Alam @ Md Afsar R/O Village- Silampur, Ward no. 5, PS- Balrampur, Distt- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 23900 of 2026) For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 32857 of 2026) For the Petitioner/s : Mr. Md. Helal Ahmad, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER

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3 19-05-2026 Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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The petitioners seek bail in Muzaffarpur Rail P.S.

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Case No. 08 of 2026, registered for the alleged offence

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Patna High Court CR. MISC. No.23900 of 2026(3) dt.19-05-2026 2/3

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punishable under Sections 143(V) of B.N.S. and Section 79 of J.J. Act 2015 along with Sections 3 of 2014 of Child Adolescent Labour (Prohibition and Regulation) Act, 1986.

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The allegation is that the petitioners are alleged to be carrying Juvenile for the purposes of trafficking.

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Learned counsel for the petitioners submits that they were being taken for work and they left under extreme poverty and were trying to support their family. Their parents have filed affidavits stating that no coercion was involved.

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Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

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Considering the period of custody and absence of criminal antecedents against the petitioners and the fact that they have to face trial, this Court is inclined to grant bail to the petitioners.

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Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Sonepur, in connection with Muzaffarpur Rail P.S. Case No. 08 of 2026.

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It is made clear that any observation made

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Patna High Court CR. MISC. No.23900 of 2026(3) dt.19-05-2026 3/3

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herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

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(Ansul, J)

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Vikash/-

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U T

Shahidul Haque v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shahidul Haque v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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