Patna High Court
Sona BabuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The Patna High Court considered a bail application filed by Sona Babu, who was alleged to be involved in Hajipur Rail P.S. Case No. 112 of 2025 for offences under Sections 111, 318(4) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b), 25(a), 26 and 35 of the Arms Act. The prosecution alleged that a Bolero car contained 50 live cartridges and that the petitioner’s licence, Aadhaar, PAN and arms licence were found in the vehicle. The petitioner contended that he was merely a passenger, not the owner or driver, and that the driver and owner had already been granted bail; he had been in judicial custody since 12 July 2025. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the court found insufficient grounds to deny bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges and his alleged prior criminal antecedents
- Whether the petitioner’s status as a passenger absolves him from liability for the arms found in the vehicle
Legislation cited
- Arms Act — s. 25(1-b), 25(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 111, 318(4)
Subjects
- bail
- arms possession
- false implication
- criminal antecedent
- passenger liability
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73679 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- HAJIPUR RAIL P.S. District- Saran
======================================================
Sona Babu S/o Late Rajneeti Prasad Gupta @ Late Rajniti Prasad Gupta R/o
Village- Pachaut, P.S.- Beldour, Dist.- Khagaria, at present Residing at
Mohalla - Chakhusaini, ward no. 13, P.S.- Mansi, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-01-2026 Heard Mr. Vinay Ranjan, learned counsel for the
petitioner and Mr. Ram Priya Sharan Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection with
Hajipur Rail P.S. Case No. 112 of 2025 registered for the offence
punishable under Sections 111, 318(4) of the B.N.S., 2023 and
Sections 25(1-b), (a), 26, 35 of the Arms Act.
3. The case of the prosecution in short is that from a
Bolero car Driving License, Aadhar Card, PAN card, arms license
was found. From the front and rear seat of the car, 50 live
cartridges wrapped in black colour foil were also recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
Patna High Court CR. MISC. No.73679 of 2025(3) dt.09-01-2026
2/2
counsel for the petitioner submits that the petitioner is neither the
owner nor the driver of the said vehicle rather he is only a
passenger in the said car. It has also been submitted that the driver
and owner of the said vehicle have already been granted bail by
this Court in Cr. Misc. Nos. 79923 of 2025 and 80888 of 2025
respectively. He further submits that the petitioner is languishing
in judicial custody since 12.07.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
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 Railway
Magistrate, Sonepur in connection with Hajipur Rail P.S. Case
No. 112 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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