Created by Fuzzy Cloud

Patna High Court

Sona BabuversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.