Basanta Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2426 of 2021

1. Basanta Kumar Das

2. Debajani Das @ Mahapatra

3. Ashutosh Das

4. Bhauatosh Das @ ....

Petitioners Bhavatosh Das Mr.J.Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

15.02.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Gram Ganjam P.S. Case No.25 of 2021 corresponding to G.R. Case No. 88 of 2021 pending in the Court of learned S.D.J.M., Chhatrapur for alleged commission of offences under sections 447, 323, 427, 379, 294, 506/34 of the Indian Penal

// 2 // Code.

Learned counsel for the State on instruction submitted that notices as contemplated under section 41-A of Cr.P.C. have been served on petitioner no.3 Ashutosh Das and petitioner no.4 Bhauatosh Das @ Bhavatosh Das.

In view of such submission, since there is no apprehension of arrest of petitioner nos.3 and 4, this anticipatory bail application stands disposed of so far as petitioner nos.3 and 4 are concerned.

Considering the submission made by the learned counsel for petitioner nos.1 and 2 that due to previous dispute between the parties, the case has been foisted against petitioner nos.1 and 2 and the offences are triable by Magistrate and on hearing the learned counsel for the State, the interim order dated 17.03.2021 so far as petitioner nos.1 and 2 are concerned, is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo