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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20559 of 2022 Arising Out of PS. Case No.-74 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Rudal Sao @ Uday Sao @ Uday Kumar Saw Son of Late Hari Sao Resident of 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, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 74 of 2021 registered for the offence under Sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 28.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 02 litres of illicit semi made country made liquor for chemical

Patna High Court CR. MISC. No.20559 of 2022(2) dt.15-07-2022 2/3 examination.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner neither arrested at the spot nor any incriminating material has been recovered from conscious physical possession of the petitioner. It has further been submitted that petitioner is involved in other 04 cases, in which he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that this is not a case of recovery of illicit liquor.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Warisaliganj P.S. Case No. 74 of 2021 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, subject to the

Patna High Court CR. MISC. No.20559 of 2022(2) dt.15-07-2022 3/3 following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Rekha Devi, who is the wife of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T