Rudal Sao @ Uday Sao @ Uday Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19807 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== RUDAL SAO @ UDAY SAO @ UDAY KUMAR SAW SON OF LATE HARI SAO R/O VILLAGE- RASANPUR, P.S.- WARISALIGANJ, DISTRICT- NAWADAH ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Warisaliganj P.S. Case No. 368 of 2021, registered for the offences punishable under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act, 2016.

As per prosecution report, 425 litres of illicit liquor has been recovered from Alang near Devi Asthan which is said to have been hidden by the petitioner and his associates. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.19807 of 2022(2) dt.07-06-2022 2/3 no recovery has been made from conscious possession of this petitioner or from house of this petitioner. Recovery has been made from open place which is approachable to general public. Petitioner is in custody since 22.02.2022. Investigation is complete.

The learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has got four criminal antecedents of similar nature.

Considering the facts and circumstances of the case and the period of custody, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) II, Nawadah, in connection with Warisaliganj P.S. Case No. 368 of 2021, subject to following condition:

(i) The petitioner shall be released after framing of charge.

(ii) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(iii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.19807 of 2022(2) dt.07-06-2022 3/3 would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T