Bhagaban Prasad Sahu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5545 of 2022 Bhagaban Prasad Sahu ....
Petitioner Mr. A.K,Patra Advocate -versusState of Odisha ....
Opposite Party Mr.Sitikanta Mishra, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
04.7.2022.
Order No.
01.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3. The Petitioner is in custody since 24th May, 2022 in connection with Kalahandi P.R.
Case No.14/2022-23 corresponding to 2(a)C.C. No.98/2022 in the court of learned J.M.F.C., Th. Rampur for the alleged commission of the offence under Section 52(a)(i) read with Sections 55 and 56 of the Odisha Excise Act.
4. It is alleged that the Petitioner was in possession of a plastic bag containing several bottles of IMFL as also OSL liquor, beer
// 2 // etc. A total quantity of 88 litres of liquor was seized from the possession of the Petitioner.
5. Having regard to the fact that investigation into the case has progressed substantially, further detention of the Petitioner in custody appears to be unnecessary more so, no criminal antecedent is reported against him. As such, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again. Further, the court below shall insist upon two local sureties for such amount as may be determined by it, but one of them must be a close relation of the Petitioner and he shall also shall furnish cash security of Rs.20,000/-(Rupees twenty thousand) in the shape of short term fixed deposit in any Nationalised Bank being pledged to the court below
6. The BLAPL is disposed of.
7. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) AKB Judge
// 3 //