Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.312 of 2025 Babu Swain ..... Petitioner Represented By Adv. - Suryakanta Dwibedi -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Siva Mohanty, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 18.02.2025 Order No. I.A. No.391 of 2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This I.A. has been filed by the learned counsel for the Petitioner seeking modification of order dated 13.01.2025. 3. Considering the submissions made, the order dated 13.01.2025 is hereby recalled. 4. Accordingly, the I.A. is disposed of. ABLAPL No.312 of 2025 5. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 6. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 52(a) of Odisha Excise Act, 2008 in G.R. Case No.2503 of 2024 of the Court of the learned Page 2 of 2. J.M.F.C., Khallikote, arising out of Beguniapada P.S. Case No.555 of 2024. 7. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. 8. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. 9. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 10. The ABLAPL is accordingly disposed of. 11. Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge Anil