Bikash Bibbar @ Santa Bibbar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7769 of 2022 Bikash Bibhar @ Santa Bibhar ....
Petitioner Mr. S. Dwibedi, Advocate -versusState of Odisha ....
Opp. Party Mr. S.K. Patra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
22.07.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Learned counsel for the petitioner files consolidated cause-title in respect of the petitioner in Court today. The same is accepted and be kept on record.
3.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
4.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
5.
The petitioner seeking pre-arrest bail in connection with C.T. Case No.153 of 2021, arising out of Kantamal P.S. Case No.76 of 2022 pending in the court of learned J.M.F.C., Kantamal for commission of offence punishable under Sections 379/34, I.P.C. 6.
It is submitted by learned counsel for the petitioner that name of the petitioner has not mentioned in the F.I.R. and only on the confessional statement of the co-accused, the petitioner has been implicated in the present case. It is further submitted by learned counsel
// 2 // for the petitioner that the petitioner does not have any criminal antecedents.
7.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper.
8.
It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal antecedents, this bail order shall automatically stand revoked. 9.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
Jagabandhu ( A.K. Mohapatra) Judge