Fagu Bhuiyan @ Fagoo Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4024 of 2015 Arising Out of PS.Case No. -16 Year- 2014 Thana -KOTHI District- GAYA ======================================================

1. Fagu Bhuiyan @ Fagoo Bhuiyan S/O Late Kishun Singh Resident of villBiraj,P.S-Kothi,Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioner seeks bail in Kothi P.S. Case No. 16 of 2014 registered under section 435 and other allied sections of the I.P.C. and section 3⁄4 of the Explosive Substance Act and section 17 of the C.L.A. Act. The first information report was lodged against unknown.

Learned counsel for the petitioner submits that petitioner is not named in the first information report. Nothing has been recovered from the possession of the petitioner. Name of the petitioner figured in the confessional statement of co-accused Devendra Prasad. Except the confessional statement no tangible material is collected by the I.O. to show the involvement of the petitioner. The petitioner is in jail since 16.07.2014.

Patna High Court Cr.Misc. No.4024 of 2015 (2) dt.29-01-2015 2/2 Having considered the fact that except the confessional statement the I.O. did not collect any positive material to show the involvement of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Rajiv Kumar, J.M. Ist Class-cum-Additional Munsif, Sherghati, Gaya. (Prabhat Kumar Jha, J) M.Rahman/- U T