Fokra Singh @ Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76861 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Fokra Singh @ Saroj Kumar Son of Nispitar Singh R/O Village- Bariyarpur, (Bariarpur), Rahatpur, P.S.- Ballia (Baliya), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ballia P.S. Case no.95 of 2025 registered under section 349 of the B.N.S, 2025 and Section 25(1-A) of the Arms Act.

3. As per prosecution case, the informant states that a raid was conducted in the house of Nipistar and upon search one air gun, sword and a mobile phone are said to have recovered.

4. Learned counsel for the petitioner submits that it is evident from the F.I.R. that a raid was conducted at the house of Nipistar Singh, and it is quite natural that the petitioner's photograph would be found in the mobile as he happens to be the son of the said accused. It is further submitted that no incriminating article has been recovered from the physical or

Patna High Court CR. MISC. No.76861 of 2025(2) dt.27-11-2025 2/3 conscious possession of the petitioner. The petitioner has no criminal antecedents and undertakes to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the basis of allegations made in the F.I.R.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that the name of this petitioner has transpired in this case only for the reason that he happens to be the son of co-accused and no recovery has been made from his physical or conscious possession of the petitioner, it is directed that the petitioner, above named, having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ballia P.S. Case no.95 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 Court concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:-

Patna High Court CR. MISC. No.76861 of 2025(2) dt.27-11-2025 3/3 (I) One of the bailors shall be the close relative or family members.

(II) The petitioner shall co-operate in the investigation/trial and in case it is found that petitioner is not cooperating in the investigation, the prosecution would be at liberty to move for cancellation of bail.

(Soni Shrivastava, J) Harsh/- U T