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Patna High CourtCR. MISC./55420/2017bail granted

Vijay Beldar v. The State Of Bihar

2017-11-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 55420 of 2017 Arising Out of PS. Case No.-188 Year-2017 Thana- Rampur District- Gaya ====================================================== Vijay Beldar S/o Late Dilchand Beldar, R/o Badki Delha, Dusarganj Road, P.S.-Delha, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-11-2017 Heard Smt. Rina Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 16-06-2017 in Rampur P.S. Case No. 188 of 2017 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent and he has falsely been implicated in the present case, as if, the petitioner was occupant of the vehicle, from which, huge quantity of country-made liquor as well as Indian make foreign liquor were shown to be recovered. A plea was taken that petitioner was standing by the side of the road, where a car was intercepted by the police and from that vehicle, huge quantity of country-made

Patna High Court Cr.Misc. No.55420 of 2017(2) dt.17-11-2017 2/2 liquor and Indian make foreign liquor were recovered and petitioner alongwith one another person namely Vinod Paswan were arrested, as if both were occupants of the vehicle. It has been argued that petitioner has got no connection with the vehicle in question or the seized articles. Learned counsel for the petitioner has also drawn my attention to Annexure - 2 to the petition i.e. copy of order dated 21-09-2017 passed in Cr. Misc. No. 46787 of 2017, whereby, co-accused of this case namely Vinod Paswan has been granted bail.

Considering the fact that one of the co-accused, in similar circumstances, has been granted bail as well as clean antecedent, there is no reason to refuse the same prayer of the petitioner.

Let the petitioner namely Vijay Beldar 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 Special Judge, Gaya in connection with Rampur P.S. Case No. 188 of 2017.

(Rakesh Kumar, J.) anay U T