Juria @ Rajendra Sahu & Ors. vs State Of Odisha

G. Satapathy, J.

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are two bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with K. Nuagaon PS Case No.252 of 2024 corresponding to ST Case No.467 of 2024 pending in the file of learned 1^st Additional Sessions Judge, Berhampur, Ganjam, for commission of offences punishable U/Ss. 61(2)/ 110/ 274/ 123/ 275/103(1)/118/3(5) of B.N.S. r/w. Section U/S-52(a)/59(a)(b)(c)/ 62(a) of the Odisha Excise Act.

The present case arises out of an FIR lodged by SI Ranjit Mohapatro of K.Nuagaon PS on 20.08.2024 at 2AM that on 9.30PM on 19.08.2024 he received information from the local source that around 15 and some more persons of village Jenapur, Maundapur & Karabalua have been admitted to CHC, Chikiti and undergoing treatment for consumption of spurious liquor and on enquiry, he found Pradeep Behera, Kalu Sethy, Bulu Sethy, Siba Sethy, Dayanidhi Sahu, Jura Behera, Kama Behera of village Jenapur and Jena Sethy of village Maundapur, Bairi Sethy, Bhubani Sethy, Khalia Sethy of village Karabalua to have consumed liquor by purchasing it from petitioners Baya Sahu and his two sons Bapini Sahu and Pabana Sahu. Similarly, co-accused Rabi Sahu and his brothers Purna Sahu and Juria Sahu being assisted by village Headman-cum-petitioner Balaram Bisoyi had also sold liquor to some other persons, but the person consuming liquor had become serious and they felt head-reeling and severe stomach pain and vomited frequently and, therefore, they had been brought to CHC, Chikiti individually by their family members for their treatment, however, after preliminary treatment, all the above referred persons have been referred to MKCG, MCH, Berhampur for their better treatment. On this report, K. Nuagaon PS Case No.252 of 2024 was registered and the matter was investigated into, but unfortunately five persons namely Pradip Behera, Laxman Behera, Baya @ Bairi Sethy, Jura Behera and Lokanath Behera have expired for consumption of spurious liquor. On completion of investigation, charge-sheet was submitted against the petitioners and some others.

Heard, Mr. Amulya Ratna Panda, learned counsel for the petitioner in BLAPL No. 2330 of 2026; Mr. Bikram Keshari Raj, learned counsel for the Petitioner in BLAPL No. 5526 of 2026 and Mr. C. Mahanty, learned Additional Public Prosecutor in the matter and perused the record together with the copy of deposition of PW1 to PW23.

Admittedly, there is no quarrel over the position of law that the statutory provisions of bail confers wide discretion on the Court either to grant bail or refuse bail to the applicant, but such exercise of discretion should not be arbitrary or de-hors the basic principles laid down by different constitutional Courts in a catena of decisions. In these two bail applications, the Petitioner Juria @ Rajendra Sahu in BLAPL No. 2330 of 2026 although is having six criminal antecedents, but he has not disclosed such antecedents in his bail application, rather he has stated in paragraph 7 of his bail application that so far as the criminal antecedent is concerned which is not in similar nature of this case, but this Court while disposing the bail application of the Petitioner earlier in BLAPL No. 9885 of 2024 has stated therein that the Petitioner Juria @ Rajendra Sahu has got some criminal antecedents in the matter relating to ID liquor which assumes significance in the present context of facts. It is accordingly, found that the Petitioner- Juria @ Rajendra Sahu is having the following six criminal antecedents:-

In this premises of suppression of facts, this Court is fortified with the decision in Munnesh Vrs. State of Uttar Pradesh; (2025) SCC OnLine SC 1319, wherein the Apex Court at paragraph 9 has held thus:-

On coming to the case of other Petitioners in BLAPL No. 5526 of 2025, it appears that out of the 23 witnesses examined in this case, PW5 to PW23 are the victims who had consumed spurious liquor, but they have not whispered a single word against any of the Petitioners. Besides, there are number of charge sheet witnesses and, therefore, the trial would not likely to be concluded in near future. Further, all the Petitioners except the Petitioner-Juria @ Rajendra Sahu are in custody since 20.08.2024/24.08.2024, but in the meantime, almost two years have already elapsed, however, the trial is yet to be concluded. Besides, the main allegation of manufacturing and supplying liquors to co-accused persons is against co-accused Sudam Mallik, Surendra Mallik and Rama Mallik.

In view of the above facts and circumstances and considering the materials placed on record and regard being had to the suppression of the facts by the Petitioner Juria @ Rajendra Sahu and taking into account the pre trial detention of rest of Petitioners in custody with examination of material witnesses in the meantime and there being no apprehension of the Petitioners tampering with prosecution evidence or absconding, this Court while not being inclined to grant bail to the Petitioner Juria @ Rajendra Sahu, considers it proper to grant bail to the Petitioners Pabana @ Prabhakar Sahu, Bapini Sahu & Baya Sahu.

Hence, the bail application of the petitioner Juria @ Rajendra Sahu stands rejected, whereas the bail applications of the petitioners namely Pabana @ Prabhakar Sahu, Bapini Sahu & Baya Sahu in BLAPL No. 5526 of 2026 stands allowed and consequently, the Petitioners Pabana @ Prabhakar Sahu, Bapini Sahu & Baya Sahu are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.