KASAR NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Present petition filed under Sec. 482 Cr.P.C. is directed against the order dtd. 21/8/2012 of the learned S.D.J.M., Bhanjanagar passed in 2(a) C.C. No.48 of 2011.

(2.) The Petitioners are accused for commission of offences under Ss. 272/273 of I.P.C. and Sec. 47(a)/52-A(b) of Bihar and Orissa Excise Act. Initially the Petitioners were arrested and forwarded to custody alleging commission of offence under Sec. 47(a) only. Subsequently, at the time of submission of final P.R. rest of the offences, as aforestated, were added and accordingly cognizance was taken by the impugned order dtd. 21/8/2012 and the order of NBW of arrest was issued.

(3.) It is submitted on behalf of the Petitioners that since they were earlier released on bail in the same case, subsequent addition of other graver offences will not disentitle them from the benefit of bail availed by them and as such the order of issuance of NBW is bad in the eye of law.