Janardan Vishwakarma @ Janardhan Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55133 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- Bahera District- Gaya ====================================================== Janardan Vishwakarma @ Janardhan Vishwakarma Son of Late Rambali Vishwakarma Village- Budhani Bazar Dobhi, Ps- Dobhi, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 28 of 2024 instituted for the offences under Sections 414, 420, 467, 468/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of selling stolen motorcycle to the co-accused Chandan Kumar by taking a fake Panchnama.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has

Patna High Court CR. MISC. No.55133 of 2024(4) dt.13-11-2024 2/3 committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner which connects him with the alleged vehicle. The petitioner has no concern with the alleged vehicle but, merely on the basis of statement of the co-accused Chandan Kumar, he has been falsely implicated in the present case. He further submits that in course of investigation, the police has not collected any cogent material against the petitioner except the statement of the co-accused Chandan Kumar. The Investigating Officer after completion of investigation has submitted charge-sheet in this case. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.05.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant

Patna High Court CR. MISC. No.55133 of 2024(4) dt.13-11-2024 3/3 of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahera P.S. Case No. 28 of 2024. (Rudra Prakash Mishra, J) rishi/- U T