Patna High Court
Sonu BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on the condition of a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sonu Baitha, was arrested in connection with a case under sections 317(2), 317(3) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑B)a, 26 and 35 of the Arms Act, 1959. The prosecution alleged that a pistol and a live cartridge were recovered from a co‑accused and that two live cartridges and a mobile phone were recovered from the petitioner. The petitioner contended that no incriminating article was found on him, that he was falsely implicated, and that he had been in custody since 29‑11‑2025. He applied for regular bail, undertaking to cooperate with the investigation. The State opposed the bail. After hearing both sides, the Court considered the seriousness of the allegations and the length of custody and ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner under the Bharatiya Nyaya Sanhita and the Arms Act given the nature of the alleged offences and the period of custody?
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(3), 317(5)
Subjects
- regular bail
- bail bond
- surety
- arms possession
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9919 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Sonu Baitha Son of Surendra Baitha R/o Tari Bazar, P.S. - Raghunathpur,
District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Raghunathpur P.S. Case
no. 294 of 2025 registered under sections 317(2), 317(3) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-
B)a, 26 and 35 of the Arms Act, 1959.
3. As per the prosecution case, while one country
made pistol, a live cartridge besides other articles was recovered
from the possession of the co-accused, from the possession of
the petitioner, two live cartridges and a mobile phone of the
apple company was recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. The
Patna High Court CR. MISC. No.9919 of 2026(2) dt.24-02-2026
2/2
petitioner is in custody since 29.11.2025 and has been falsely
implicated in the case because of his antecedents. He undertakes to
cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody since 29.11.2025, the Court directs the
petitioner to be enlarged on bail in connection with Raghunathpur
P.S. Case no. 294 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate 1st Class, Siwan.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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