The court emphasized that serious allegations regarding selling spurious liquor leading to deaths necessitate caution in granting bail, examining prima facie evidence but refraining from detailed merit assessment.

JUDGMENT :

G. Satapathy, J.

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, “ BNS S ”) 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 r/w Sections 52 (a)/59/62 of the Odisha Excise Act, 2008 pending in the file of learned 1^st 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 20.08.2024 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 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.

4. Heard, Mr. Bikram Keshari Raj, learned counsel for the petitioners in BLAPL Nos.9883 & 9885 of 2024; Mr. Rajendra Narayan Rout, learned counsel for the petitioner in BLAPL No.12570 of 2024; Mr. Amitav Tripathy, learned counsel for the petitioners in BLAPL No.3926 of 2025; Mr. Sanjay Kumar Pradhan, learned counsel for the petitioners in BLAPL Nos.3948 & 4553 of 2025 and Mr. M.R. Patra, learned Additional Public Prosecutor in these matters and perused the record.

4.1. In the course of argument, all the counsels appearing for the respective petitioners have submitted in equal tones that the deceased having died due to some other reason, but not for consuming any liquor which was confirmed by the Forensic Report of the viscera of the deceased as submitted by the CFSL, Kolkata and the petitioners have had no role in the death of the deceased persons and they being innocent may kindly be granted bail. In addition, learned counsel for the petitioner Balaram Bisoyi has submitted that the petitioner Balaram Bisoyi has no role either in selling the liquor to anybody or in any way in this case, but he having entangled in this case by falsely showing him to be assisting co-accused petitioners for selling the liquo