p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2185 OF 2025 Bhabagrahi Pradhan …. Petitioner Mr. Sanjib Kumar Bhanjadeo, Adv. -versus- State of Odisha …. Opposite Party Mr. Pradipta Satpathy, ASC CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. 01. ORDER 21.04.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 105 09.02.2025 Kabisuryanagar G.R. Case No.104 of 2025 pending in the court of learned J.M.F.C., Kabisuryanagar Sections 274/ 275 of the Bharatiya Nyaya Sanhita (BNS), 2023 r/w. Section 52(a) of the Odisha Excise Act, 2008. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Kabisuryanagar P.S. Case No.105 of 2025 corresponding to G.R. Case No.104 of 2025 pending in the Court of the learned J.M.F.C., Kabisuryanagar, registered for the alleged Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 22-Apr-2025 18:18:01 Signature Not Verified p. 2 commission of offences under Sections 274/ 275 of the Bharatiya Nyaya Sanhita (BNS), 2023 r/w. Section 52(a) of the Odisha Excise Act, 2008, has filed this petition for his release on bail. 4. It is alleged in the F.I.R. by the complainant A.S.I. T. Yourampa Sabar of Kabisurnagar Police Station that that on 09.02.2025 at 10.00 AM he reported that while he along with his staff conducting day patrolling-cum-excise raid duty at Nimundia, Kaniary, Hatiota, at about 6.05 AM, he received information that one Bhabagrahi Pradhan was selling ID liquor mixing of naxious and FL in his betel shop without license. Hence, he and his staff conducted raid and apprehended the accused person and seized 22 Ltrs. of ID liquor and 3.250 Ltrs. FL in presence of the witnesses. 5. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. There is no incriminating material available against the present Petitioner to implicate him in the alleged offences. The Petitioner is languishing in custody since 09.02.2025. Hence, he submits that the Petitioner may be enlarged on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. 7. Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 22-Apr-2025 18:18:01 Signature Not Verified p. 3 hand, this Court is of the view that the Petitioner should be granted bail by the court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The Petitioner shall appear before the trial court on each date of posting of the case; ii. The petitioner shall not indulge himself in any criminal offence while on bail; iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The petitioner shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to cancellation of the bail. 8. The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required. 9. It is further directed that the Petitioner shall file an affidavit before the local Police Station, confirming that the saplings p. 4 have been planted and that the Petitioner will maintain them for a period of two years. 10. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the Petitioner by supplying the necessary saplings. 11. Accordingly, this BLAPL is disposed of. (Dr. S.K. Panigrahi) Judge B. Jhankar