Fakre Alam @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64280 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- MAKER District- Saran ====================================================== Fakre Alam @ Raja Son of Nazir Alam Resident of Village- Fulwariya PSMaker District -Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Maker P.S. Case No. 90 of 2025 instituted for the offence under Sections 310(4) & 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 & 35 of the Arms Act. 3.

As per prosecution case, police raided Jagdishpur village on secret information and apprehended four criminals who were planning to commit dacoity, while one escaped. From Fakre Alam (petitioner), a country-made pistol, one live cartridge, and a mobile phone were recovered, while knives and mobiles were seized from the others.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.64280 of 2025(2) dt.11-09-2025 2/3 that the petitioner is in custody since 28-04-2025. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms. Learned counsel for the petitioner goes on to submit that the recovery is planted by the police party and petitioner has become the victim of the circumstances. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maker P.S. Case No. 90 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.64280 of 2025(2) dt.11-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T