Ganesh Prasad Vishwarkarma @ Ganesh Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62429 of 2017 Arising Out of PS.Case No. -11 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ====================================================== Ganesh Prasad Vishwarkarma @ Ganesh Vishwakarma son of late Sohrai Mistri resident of Bypass V.I.P. More, Sheikhpura, Police Station and District Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vidya Sagar, Adv. For the Opposite Party/s : Mr. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 10.10.2017 in connection with Sheikhpura P.S. Case No. 11 of 2014 for offences punishable under Sections 120B and 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on information that a gang of motorcycle snatcher are flourishing in the locality, the police conducted a raid and found three motorcycles, one driven by the petitioner who owns a welding shop. Accordingly a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.62429 of 2017 (3) dt.31-01-2018 2/2 been falsely implicated in the aforesaid case. He submits that he did not know that the welder Simran was a member of the motorcycle snatcher gang headed by one Guddu Mahto and he purchased the said motorcycle. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the motorcycle snatcher gang headed by Guddu Mahto is a criminal and welder Simran was an employee of the petitioner who was selling such stolen motorcycle.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No.11 of 2014.

(Nilu Agrawal, J) Arjun/- U