Single judge declined anticipatory bail in a case involving possession of I.D. liquor. Court granted liberty to surrender within 21 working days and move for bail before courts below, with strict deadlines for disposal.
Liberty granted to surrender within 21 days and move for bail in lower forums immediately with case diaries made available.
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ABLAPL No.1162 of 2016
10.03.2016
Heard learned counsel for the petitioner and learned Addl. Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 47(a) of the Bihar and Orissa Excise Act in 2(a) C.C. No.11 of 2016 of the court o
f learned JMFC, Betnoti, arising out of Betnoti Excise Range P.R. Case No.104/2015-16.
Since the offence allegedly committed relates to possession of I.D. liquor, th
is Court is not inclined to grant anticipatory to the petitioner.
However, keeping in view the submissions made, the petitioner is given liberty
to surrender in the aforesaid case before the learned JMFC, Betnoti in the first hour within
21 working days hence and move for bail. On such event, the learned Magistrate shall consider
his application for bail in the first hour strictly on the basis of materials on record. In ca
se of rejection of the bail application, the petitioner may move for bail before the higher fo
rum in the second hour. On such event, the higher forum shall consider and dispose of the bai
l application of the petitioner on the same day strictly on the basis of materials on record.
Case Diary be made available to the concerned court. Records be transmitted to the higher foru
m at the cost of the petitioners, if applied for. The courts below shall keep in mind the prin
ciples of parity while disposing of the bail application, if applicable.
The ABLAPL is disposed of.
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.
3
2 issues framed by the court
Whether to grant anticipatory bail in a case involving possession of I.D. liquor.
Whether to grant a direction for speedy disposal pending surrender.
1 provisions across 1 enactments
Petitioner
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court