Patna High CourtCR. MISC./11230/2024bail granted

Arunjay Shikari @ Runjay Shikari v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11230 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- DEV District- Aurangabad ====================================================== Arunjay Shikari @ Runjay Shikari, Son of Jagdish Shikari Vill- Pasiya Bhandari, P.S.- Deo, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umakant Mishra, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Deo P.S. Case No. 166 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 55 liters Mahua liquor was recovered from the joint house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. The

Patna High Court CR. MISC. No.11230 of 2024(2) dt.22-02-2024 2/3 petitioner was neither arrested on spot nor any incriminating article has been recovered from his possession. The recovery is made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 19.12.2023 and has got six criminal antecedents as has been stated in paragraph no. 3 of the present bail application in which the petitioner is on bail in all cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deo P.S. Case No. 166 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.11230 of 2024(2) dt.22-02-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T