Bijaya Kumar Jena vs State Of Odisha

Savitri Ratho, J

This application under Section 439 Cr.P.C. has been filed by the petitioner in connection with 2 (a) C.C. (G.N.) Case No. 92 of 2023 pending in the Court of learned NGN, Ghasipura for commission of offence punishable under Section 52 (a) (i) of Orissa Excise Act.

The allegations in brief against the petitioner are that 990 liters of ID liquor have been recovered from the possession of the petitioner.

Mr. S.N. Mishra, learned counsel for the petitioner that there is no allegation that the ID liquor was at any way noxious or unfit for human consumption and the petitioner has no criminal antecedents.

Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that huge quantity of ID liquor have been seized from the possession of the petitioner. He however submits that till 16.10.2023, there is nothing in the case diary to indicate that sample of the liquor has been sent for chemical examination. He further submits that investigation in the case is still in progress.

Considering the nature allegations against the petitioner, the period of his detention in custody, absence of allegation that the liquor was noxious or unfit for human consumption, I am inclined to allow the prayer for bail.

Let the petitioners-Bijaya Kumar Jena be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter, including the following conditions, after verifying the criminal antecedents of the petitioner:

He will not commit any offence.

He will not threaten or try to influence prosecution witnesses.

After his release he will cooperate with the investigation and he will report before the I.O. once every Thursday between 3.00 P.M. to 5.00 P.M. till completion of investigation.

Violation of any conditions will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted as per rules.

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