Single judge court allowed an anticipatory bail application filed by the owner of a truck apprehending arrest for alleged transportation of mahula flowers under BiS O Excise Act. Petitioner lacked knowledge or connivance.
Anticipatory bail application allowed; petitioner to be released on bail by arresting officer on terms deemed just and proper.
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ABLAPL No.9827 of 2015
03.08.2015 Heard learned counsel for the petitioner and learned Addl. Government Advoca
te.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 47 (a) of the Bihar and Orissa Excise Act in 2(a) C.C. No.16/2015 of the court of
learned JMFC, Kantamal, arising out of Boudh Excise Department P.R. No.09/2015-16.
The petitioner happens to be the owner of the truck. There is no allegation th
at he had knowledge of transportation of the mahula flower or connivance with others for such
transportation.
Keeping in view the aforesaid consideration, the anticipatory bail application
of petitioner is allowed. In the event of his arrest in the aforesaid case, the petitioner sh
all be released on bail by the arresting officer on such terms and conditions as deemed just a
nd proper by him.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
.
S.K. Mishra, J.
Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
2
1 issue framed by the court
Whether the anticipatory bail application filed by the petitioner, who is apprehending arrest under Section 47(a) of the Bihar and Orissa Excise Act, ought to be allowed.
1 provisions across 1 enactments
Petitioner
State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court