The Court granted anticipatory bail to a female petitioner in an excise case involving 5 litres of illicit liquor, directing bail on condition of 5,000 rupees bond with two sureties and standard reporting conditions.
Appointment of anticipatory bail with a bond of Rs. 5,000 and two sureties of Rs. 5,000 each, subject to standard conditions.
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ABLAPL No. 1933 of 2016
4.4.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the
petitioner in connection with Kotagarh P.S. Case No. 5 of 2016 corresponding to G.R. Case No.
57 of 2015 pending before the learned SDJM, Balliguda for alleged commission of offence under
Sections 47(a) of Bihar & Orissa Excise Act.
Perused the FIR.
Learned counsel for the petitioner submits that 5 litres of I.D. liquor has been seized
from the possession of the petitioner.
Learned counsel for the State opposed the prayer for anticipatory bail.
Considering the quantity of the liquor seized from the possession of the petitioner, a
nd the fact that the petitioner is a lady, keeping in view the proviso to Section 437(1) Cr.P.
C., I am inclined to release the petitioner on anticipatory bail.
Accordingly this Court directs that in the event of arrest of the petitioner in connec
tion with the aforesaid case, she shall be released on bail on furnishing bail bond of
Rs.5,000/- (rupees five thousand) with two sureties each for the like amount to
the satisfaction of the arresting officer with further conditions that she shall make
herself available for interrogation
by the I.O. as and when required and she shall not, directly or indirectly, make any i
nducement, threat or promise to any person acquainted with the facts of the case so as to diss
uade him from disclosing such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
S.K.Sahoo, J.
2
2
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail for alleged commission of offence under Section 47(a) of Bihar & Orissa Excise Act.
1 provisions across 1 enactments
Petitioner
State
S.K.Sahoo
As recorded by the court registry
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