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Orissa High CourtABLAPL/15778/2021allowed

Prabhakar Samantra@ Prabhakar Samantaray@ Mana v. State Of Odisha

2022-01-11Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15778 of 2021 Prabhakar Samantra @ Prabhakar Samantaray @ Mana ....

Petitioners Mr. B.S. Dasparida, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

11.01.2022 02.

This matter is taken up through Video Conferencing Mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with P.R. No.54 of 2021-22 of Officer in-charge, Soro Excise Station, Balesore corresponding to 2(a) C.C. No.229 of 2021 pending in the Court of learned J.M.F.C., Soro for alleged commission of offences under sections 52(a) and (c) of Odisha Excise Act.

Learned counsel for the State on instruction from the Excise Department submitted that there is no criminal

// 2 // antecedent against the petitioner.

Considering the submissions made by the learned counsel for the petitioner that the offence is triable by Magistrate, and there is no criminal antecedent against the petitioner, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the investigating Officer. Violation of any of the conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.

P ( S.K. Sahoo) Judge