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2025 DAILYLAW 30775 (ORI)

PRASANT KUMAR JENA @ RASA JENA v. STATE OF ODISHA

ABLAPL/4947/2025 · 2025-05-07

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4947 of 2025 Prasant Kumar Jena @ Rasa Jena …. Petitioner Mr. B.K Ragada, Advocate -versus- State of Odisha …. Opposite Party Mr. R.B. Dash, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 07.05.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.348 of 2024 pending in the Court of learned JMFC, Badamba, arising out of Maniabandha P.S. Case No.122 of 2024 for commission of offence punishable under Sections 111 of BNS R/w section 52 (a) of Orissa Excise Act. 3. Learned counsel for the State opposes the prayer. 4. Taking into account the nature of allegation, this Court is not inclined to entertain the ABLAPL. However, it is directed that Petitioner may surrender before the learned JMFC, Badamba in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned JMFC, Badamba on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC, Badamba, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 5. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC, Badamba is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) in seisin. 6. Accordingly, the ABLAPL stands disposed of. 7. U.C.C. as per rules. (V. NARASINGH) Judge Soumya