Raghunath Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.15556 OF 2022 Raghunath Behera ....

Petitioner Mr.J.K. Majhi, Advocate -versusState of Odisha ....

Opposite Party Mr. S.Jena, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

20.12.2022 Order No.

01.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Puruna Bazar P.S. Case No.265 of 2022 corresponding to G.R. Case No.2896 of 2022 for alleged commission of offence under section- 52(a) of the Odisha Excise Act, pending on the file of learned J.M.F.C.(R), Balasore, has filed this application under section-438 of the Cr.P.C. for his grant of anticipatory bail in the event of his arrest in the above mentioned case. 3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

4.

Considering the submissions and on going through the materials including the written instruction placed before this Court by the learned Counsel for the State before this Court as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioner, this application is disposed of

// 2 // with the observation that in the event the Petitioner surrenders before the Court in seisin of the aforesaid case within three weeks hence and moves for his release on bail, the same shall be considered on its own merit and disposed of early in accordance with law so as to enable the Petitioner to approach the next higher forum early in case necessity so arises.

The case record be made available at the cost of the Petitioner.

5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan