Bail Application No.23 of 2017.

Sl.No.2,Dt.31.1.2017.
This is a bail application under Section 439 of Cr.P.C.
filed by the accused- petitioner namely Pratap Sahu @ Pudu being
implicated U/S. 47(a) Bihar and Orissa Excise Act in G.R. No. 19 of 2017
arising out of Loisingha P.S.Case No.21,dated 24.1.2017 on the file of
learned J.M.F.C.,Loisingha. Heard the learned counsel for the accused-
petitioner as well as the learned P.P. in the matter of present bail
application and perused the record.
The prosecution case is that on 24.1.2017 morning at
about 7.00 A.M. Constable namely Kumar Mallick of Salebhata Out Post
found the accused-petitioner selling mohua liquor pouches to the general
public for his own benefit in his chicken shop situated at Salebhata bus
stand. Accused-petitioner was caught hold by the said constable and
produced him along with the seized contraband articles before ASI of
Police. During investigation I.O. seized 35 numbers of mohua liquor
sealed pouches having fish brand each containing 200 Ml in toto seven
litres .As the accused-petitioner failed to produce any authority ,he was
arrested and forwarded by the I.O. to court on 24.1.2017 in custody.
The learned defence counsel submitted that the
allegations are false, frivolous and vexatious. That the petitioner is
innocent and completely ignorant of the alleged offence leveled against
him. The petitioner has not committed the offence as alleged against
him and police arrested him only on suspicion. The bail petitioner is the
only earning member of his family. So ,he may be released on bail.

On the contrary, the learned P.P. vehemently objected the

bail application on the ground that the accused petitioner was involved in
selling liquor illegally and another similar case is pending against him.
Thus, he prayed before the court not to admit the accused-petitioner on
bail.

After hearing the parties, upon perusal of the record, it is found

that the accused petitioner is in judicial custody since 24.1.2017. As such
the accused- petitioner must have felt the rigors of law. Little scope is left
for the bail petitioner not to tamper with the prosecution evidence since
search and seizure have already been completed and thus investigation
has progressed substantially. The offence alleged is triable by a
Magistrate of the Ist Class. The accused-petitioner is a permanent
resident of village Salebhata within the jurisdiction of this court.

Taking into consideration the above aspects and regard

being had to the period of detention of the accused petitioner, this court
feels it proper to enlarge the accused-petitioner on bail.

Hence, the prayer for bail of the bail petitioner Pratap Sahu
@ Pudu is allowed and he be released on bail on his executing bail bond
of Rs. 20,000/- (rupees twenty thousand) only with one solvent surety
for the like amount to the satisfaction of the learned JMFC Loisingha
with the conditions:

i. he shall not commit similar type of offence while on bail;

ii. he shall not directly or indirectly make any inducement,

threat or promise to the witnesses so as to dissuade them
from disclosing such facts to the court or tamper with the
evidence.

Violation of any of the above conditions shall entail

cancellation of bail.

Send back the LCR along with an extract of this order to

the learned court of JMFC,Loisingha.

(Dictated)

Sessions Judge, Balangir.