ORDER

M. M. DAS, J. — A common question having been raised in all these bail applications, the same were heard together. Out of the above cases, the BLAPL Nos. 7840, 8580, 8690, 8896, 8974, 8986, 9948, 10559, 10826, 11737 and 12903 of 2007 are applica¬tions filed under Section 438, Cr.P.C. and BLAPL Nos. 11222 and 12061 of 2007 are filed under Sections 439, Cr.P.C. In all these cases offence under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as “the State Act”) has been alleged.

2. Mr. S. Pradhan, learned counsel appearing for the State raised a preliminary objection with regard to grant of bail to the petitioners. He contended that in view of the new Section 85-A introduced into the State Act, which has come into force with effect from 01.06.2006, a bar has been created for granting bail to the accused, who is alleged to have committed an offence under the Act punishable for a term of imprisonment of seven years or more. Such accused can only be granted bail on satisfaction of the proviso to the said Section 85-A.

3. However, in the case of Syama Takri v. State of Orissa, 2007 (I) OLR 184, the learned Single Judge of this Court analysing the new