Patna High Court
Sona Babu @ Sona GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Petitioner Sona Babu @ Sona Gupta was arrested on 1 September 2025 in connection with a raid that uncovered illegal cartridges and other items, leading to charges under several sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. The prosecution alleged he purchased 50 cartridges using the license of a deceased person, while the petitioner claimed he was a legitimate license holder and that the dealer, Indrajit Kumar, failed to verify the license. He sought bail, arguing innocence and pointing to the bail granted to the co‑accused Indrajit Kumar in a related case. The Additional Public Prosecutor opposed bail, citing five prior criminal antecedents. The court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the BNS Act and Arms Act.
- Whether the petitioner’s alleged criminal antecedents justify denial of bail.
- Whether the bail granted to a co‑accused influences the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1-B)a, 26(1)
- Bihar Narcotic Substances Act — s. 223, 318(4), 336(3), 338, 61(2)
Subjects
- bail
- criminal antecedents
- Arms Act
- illegal cartridges
- suspicion
- trial cooperation
- bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87661 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- KHAJANCHI HAT District- Purnia
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Sona Babu @ Sona Gupta S/o Late Rajniti Prasad Gupta Resident of Village-
Chakhusaini (Chak Hussaini )Ward No 15, PS- Mansi, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 11-03-2026 Heard Mr. Shekhar Kumar Singh, learned counsel for
the petitioner and Md. Mushtaque Alam, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.09.2025 in connection with K. Hat P.S. Case No. 290 of
2025, F.I.R. dated 16.07.2025 for the offences punishable under
Sections 223, 318(4), 338, 336(3) and 61(2) of the BNS, 2023
and 25(1-B)a and 26(1) of the Arms Act.
3. According to prosecution case, this petitioner along
with other accused persons were apprehended during a raid and
several illegal cartridges, arms license book, driving license,
mobile phones, etc were recovered from them. This petitioner
confessed that he had purchased cartridges from the license of
one person who already died in the year 2024.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87661 of 2025(5) dt.11-03-2026
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petitioner is innocent and he has falsely been implicated in the
present case only on the basis of suspicion. The petitioner is the
valid license holder of arms. As per the allegation in the F.I.R,
the petitioner has purchased 50 cartridges from the co-accused,
namely, Indrajit Kumar on the basis of license of dead persons.
He further submits that the arm dealer namely, Indrajit Kumar
should verify the genuineness of the license but he has not done
so. He further submits that the police after investigation
submitted the charge sheet against the petitioner. He further
submits that similarly situated, co-accused, namely, Indrajit
Kumar has been granted bail by a co-ordinate Bench of this
Court vide order dated 15.11.2025 passed in Cr. Misc. No.
64658 of 2025. The petitioner is in custody since 01.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries five criminal antecedents other
than the present one but fairly submits that in one case he has
been acquitted, in three cases he has been granted bail and one
case is pending for consideration before the competent court of
law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
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bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Purnea in connection with K. Hat P.S. Case
No. 290 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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