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2025 DAILYLAW 15917 (ORI)

SARBESWAR SAHOO v. STATE OF ODISHA

BLAPL/1546/2025 · 2025-03-04

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1546 of 2025 Sarbeswar Sahoo …. Petitioner Mr. A.K. Parida, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.03.2025 01. 1. Heard Mr. Parida, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with 2(a) CC Case No.16 of 2025 corresponding to P.R. No.382/2024-25 of Inspector of Excise, District Mobile Unit, Bhubaneswar pending in the file of learned J.M.F.C.(V), Bhubaneswar on the grounds stated therein. 3. Mr. Parida, learned counsel for the petitioner submits that the accused is having no other antecedent and hence, a first-time offender. The recovery relates to 550 litres of I.D. liquor from the petitioner. Upon perusal of the P.R., this Court finds that such recovery has been made exclusively from the possession of the petitioner and others. The petitioner is in custody from 11th January, 2025. The investigation is still going on. Recording the submission of learned counsel for the petitioner that the petitioner is having no other similar antecedent and objection of Mr. Acharya, learned ASC for the State, this Court is inclined to release the petitioner on bail with stringent conditions. 4. Hence, it is ordered. 5. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with 2(a) CC Case No.16 of 2025 corresponding to P.R. No.382/2024-25 of Inspector of Excise, District Mobile Unit, Bhubaneswar subject to him furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned J.M.F.C.(V), Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he has attend the P.S. and report to the I.O concerned once in 10 days’ time for the purpose of investigation and shall not commit similar offence, while on bail. The Court further directs that such release of the petitioner shall be upon verification and absence of criminal antecedents of similar nature. 6. BLAPL stands disposed of. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok Designation: Asst. Registrar-Cum-Senior Secretary