Arunjay Shikari @ Runjay Shikari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Arunjay Shikari @ Runjay Shikari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail: petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Aurangabad (Bihar), subject to the condition of physical presence before the court below on each and every date.

Issue for consideration

Whether the petitioner, in custody since 26.10.2024 in Deo P.S. Case No. 243/2024 (offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act), should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the court concerned, Aurangabad (Bihar), in connection with Deo P.S. Case No. 243/2024.

Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the court below on each and every date; absence on two consecutive dates without reasonable cause renders his bail bonds liable to cancellation.

Detailed headnote1 paragraphs

Regular bail granted. The Patna High Court (Chandra Prakash Singh, J) allowed a Criminal Miscellaneous application for regular bail in Deo P.S. Case No. 243/2024 dated 25.10.2024, registered for offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, wherein the prosecution alleged recovery of 120 litres of illicit country-made liquor from a tempo. Noting that the petitioner had been in custody since 26.10.2024 and had seven antecedents in all of which he was on bail, the court directed his enlargement on bail on a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Aurangabad (Bihar), conditioned on his physical presence before the court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bonds would be liable to cancellation. Co-accused had been granted bail by the court vide order dated 15.01.2025 in Cr. Misc. No. 85389/2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1103 of 2025

Arising Out of PS. Case No.-243 Year-2024 Thana- DEV District- Aurangabad

======================================================

Arunjay Shikari @ Runjay Shikari S/O Jagdish Shikari Resident of villagePasiya Bhandari, P.S.- Deo, District- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uma Kant Mishra For the Opposite Party/s : Mr.Md. Nazir Ansari ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 19-02-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Deo P.S. Case No. 243/2024 dated 25.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 120 litres of illicit country-made liquor was recovered from the tempo.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged tempo. The other co-accused persons have already

Patna High Court CR. MISC. No.1103 of 2025(2) dt.19-02-2025 2/2

been granted bail by this court vide order dated 15.01.2025 passed in Cr. Misc. No. 85389/2024. The petitioner has seven antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 26.10.2024.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad ( Bihar) in connection with Deo P.S. Case No. 243/2024 with the condition:-

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

atul/-

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