Mangu Sahoo Vs State of Odisha

Ord	er		ORDER
No.			12.05.2025
F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0018	16.01.2025	Maitri Vihar P.S	Maitri Vihar P.S. Case No.18 of 2025 corresponding to C.T. Case No.79 of 2025 pending in the Court of learned S.D.J.M, Bhubaneswar	Section 52(a) of the Odisha Excise Act

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned

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counsel for the State.

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3 . The Petitioner being in custody in connection with Maitri Vihar P.S. Case No.18 of 2025 corresponding to C.T. Case No.79 of 2025 pending in the Court of learned S.D.J.M, Bhubaneswar registered for the alleged

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18

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commission of offence under Section 52(a) of the Odisha Excise Act, has filed this application for his release on bail. 4 . The brief fact of the case is that on getting credible information regarding illegal selling of I.D. liquor the Police personnel in the morning of 16^th August, 2025 during course of patrolling duty near Salia Sahi detained the present Petitioner. On search, the Police personnel recovered 500 liters of I.D. liquor from the conscious possession of the present Petitioner. Accordingly, upon lodging of the F.I.R and completion of investigation, the Petitioner was taken into custody on 16.01.2025 and he has been languishing in custody since then.

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5 . Learned counsel for the Petitioner contends that nothing has been seized from the conscious possession of the present Petitioner. He has been entangled in this case only on the basis of the statement of the co-accused person. The Petitioner was only a purchaser of the liquor. He, accordingly, prays for permitting the Petitioner to be released on bail.

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6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL.

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7 . Considering the submissions made on behalf of both the parties, this Court without going into the merits of the

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18

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case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that:

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i. the Petitioner shall before the appear

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concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial;

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ii. the Petitioner shall not indulge himself in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

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iv. the Petitioner after the onset of monsoon (between June, 2025 to August, 2025), shall plant 100 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members.

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Violation of any of the above conditions shall entail cancellation of the bail.

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8. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18

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9. 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 or not.

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10. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial.

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11. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18

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Mangu Sahoo v. State of Odisha

Case brief

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Mangu Sahoo v. State of Odisha

Case brief

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