Patna High Court
Sofiya Uzbekowa @ Saltanat Dizberowa @ Matiyuba @ Dizberowa @ Matiyuba SaltanatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, a citizen of Uzbekistan residing in Nepal, was arrested for allegedly entering India using a forged passport and was charged under Sections 318(4), 61 and 3(5) of the Border and National Security Act, Section 14(5) of the Foreigner Act and Section 12(2) of the Passport Act. The prosecution alleged illegal entry and possession of foreign currency, Aadhaar card and mobile. The petitioner contended innocence, lack of criminal antecedent, and that the allegations were merely speculative without material evidence. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found insufficient material to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Border and National Security Act, Foreigner Act and Passport Act.
- Whether the allegations of illegal entry and possession of foreign currency constitute a ground to deny bail.
Legislation cited
- Passport Act — s. 12(2)
Subjects
- bail
- illegal entry
- fake passport
- foreigner act
- passport act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10618 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Sofiya Uzbekowa @ Saltanat Dizberowa @ Matiyuba @ Dizberowa @
Matiyuba Saltanat, D/o Sapadkijee, Resident of Samarkand, Region-
Uzbekistan, at present Residing at Brahampuri, P.S.-Brahampuri, District-
Sarlahi (Nepal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sonbarsa P.S. Case No. 299 of 2025 registered for the
offence punishable under Sections 318(4), 61 and 3(5) of
B.N.S., Section 14 (5) of Foreigner Act and Section 12(2) of
Passport Act.
3. The case of the prosecution, in short, is that the
petitioner has entered in the boundaries of India on the basis of
fake passport.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
Patna High Court CR. MISC. No.10618 of 2026(2) dt.23-02-2026
2/2
case. It has further been submitted that the doubt created by the
informant that the petitioner may be indulged in anti-national
activities. It is only a doubt. No such material is there. Only
allegation against the petitioner is that some foreign currency
Aadhar Card and mobile were recovered from her. She is an
Uzbek national. She is having no criminal antecedent and she is
languishing in judicial custody since 05.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Sitamarhi in connection with Sonbarsa P.S. Case No. 299 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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