Petitioner sought anticipatory bail for an alleged offence under the Bihar and Orissa Excise Act. The court denied anticipatory bail but granted liberty to surrender within 21 days. Bail must be considered in the first hour upon surrender.
Liberty to surrender within 21 days for bail consideration in first hour; forward case diary and records.
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ABLAPL No.15046 of 2016
03.11.2016
Advocate.
Heard learned counsel for the petitioner and learned Additional Government
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 47(a) of Bihar and Orissa Excise Act in 2(a) CC Case No.313 of 2016 of the court o
f learned S.D.J.M., Balasore, arising out of P.R. No.64 of 2016-17.
There is allegation that the petitioner was in possession of I.D. liquor. So,
this Court is not inclined to grant anticipatory bail to the petitioner. However, keeping in v
iew the submission made by the learned counsel for the petitioner, the petitioner is given lib
erty to surrender before the learned S.D.J.M., Balasore in the aforesaid case in first hour wi
thin twenty-one working days hence and file an application for bail. On such event, the learne
d Magistrate shall consider his application for bail in the first hour. In case of rejection o
f the bail application, the petitioner may move for bail before the higher forum in the second
hour. On such event, the higher forum shall consider and dispose of the bail application of t
he petitioner on the same day by maintaining principles of parity, if applicable.
Case Diary be made available to the concerned court. Records be transmitted by
the learned S.D.J.M., Balasore to the higher forum at the cost of the petitioner, if applied
for.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.S.K. Mishra, J2
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Section 47(a) of the Bihar and Orissa Excise Act.
1 provisions across 1 enactments
The Petitioner
The State
S.K. Mishra
As recorded by the court registry
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