Dismissed

Laxmidhar Jena v. State of Orissa

Orissa HC12 Jan 2016ABLAPL/18463/2015

Case brief

AI extract

What is this about?

The court rejected the petitioner's anticipatory bail application due to possession of contraband liquor and pending cases. Liberty was granted to surrender within 21 days for regular bail consideration before the trial court, with provisions for speedy disposal at the higher forum.

What did the court decide?

Liberty granted to surrender within 21 days and file bail application for immediate consideration by the Trial Court.

Laxmidhar Jena Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No. 18463 of 2015

¶2

12.01.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offence under Secti
on 47(a) of the Bihar and Orissa Excise Act in G.R. Case No. 2168 of 2015 of the court of S.D.
J.M., Bhadrak, arising out of Bont P.S. Case No. 119 of 2015.

¶3

 Keeping in view the fact that the petitioner is in possession of 10 numbers of ASKA-40
country-made liquor, each bottle containing 200 ml. and the fact that three other similar case
s are pending against him, the application for anticipatory bail is rejected. However, conside
ring the submission made by the learned counsel for the petitioner, the petitioner is given li
berty to surrender before the learned S.D.J.M., Bhadrak in the aforesaid case in first hour wi
thin a period of twenty-one days hence and file an application for bail. On such event, the le
arned S.D.J.M., Bhadrak shall consider his application for bail in the first hour. In case of
rejection of the bail application, learned Magistrate shall submit the case records to the hig
her forum at the cost of the petitioner. 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 bail
 application of the petitioner on the same day.

¶4

 This Court has not expressed any opinion on the merit of the case on an application und
er Section 439 of the Cr.P.C. is filed before the higher forum.
 Case Diary be made available to the concerned court. Records be transmitted by the lear
ned S.D.J.M., Bhadrak to the higher forum at the cost of the petitioner, if applied for.
 The ABLAPL is accordingly disposed of.

¶5

 Urgent certified copy of this order be granted as per rules.
JS ....

¶6

 S.K.Mishra, J.

Laxmidhar Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

Laxmidhar Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Case details

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