PABANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since these six 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.

(2.) These are six bail applications U/S.483 of Bharatiya Nagarik Suraksha Sanhita (in short, "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 (GR Case No.383 of 2024) being charge sheeted for commission of offences punishable U/Ss.61(2)/110/274/123/275/103(1)/118/3(5) of BNS r/w Ss. 52(a)/59/62 of the Odisha Excise Act, 2008 pending in the file of learned 1st Additional Sessions Judge, Berhmapur, Ganjam and learned JMFC, Patrapur (BLAPL Nos. 9883 & 9885 of 2024) respectively.

(3.) The present case arises out of an FIR lodged by SI Ranjit Mohapatro of K.Nuagaon PS on 20/8/2024 at 2AM that on 9.30PM on 19/8/2024 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 petitioner Baya Sahu and his two sons Bapini Sahu and Pabana Sahu. Similarly, petitioner 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.