Gagan Bihari Behera @ Ganga Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Gagan Bihari Behera @ Ganga Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Release on bail: petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as deemed fit and proper by it; soft copy of the order to be communicated to the concerned Court and thereafter to the Jail via e-mail.

Issue for consideration

Whether the petitioner, implicated in Excise District Mobile Unit Balasore PR No.229 of 20252026 (corresponding to 2(a)CC Case No.664 of 2025, JMFC, Soro) under S.52(a)(i) of the Odisha Excise Act on the allegation of possessing 600 ltrs of ID liquor, is entitled to release on bail under S.483 BNSS.

Court's answer

Considering the rival submissions, the nature and gravity of the offences alleged vis-à-vis the accusations brought against the petitioner, his pre-trial detention in custody since 22.12.2025 with substantial progress in investigation, the offences being not punishable beyond seven years, and other circumstances including the inherent right of the accused to be presumed innocent until proven guilty at trial, this Court, without expressing any view on merits, admits the petitioner to bail.

Ratio / Principle

The bail application stands allowed; the petitioner may go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on terms and conditions as deemed fit and proper by it; the BLAPL stands disposed of accordingly.

Detailed headnote1 paragraphs

Bail application (BLAPL No.287 of 2026, High Court of Orissa at Cuttack) under S.483 BNSS filed by Gagan Bihari Behera @ Ganga, implicated in Excise District Mobile Unit Balasore PR No.229 of 20252026 (corresponding to 2(a)CC Case No.664 of 2025, pending before learned JMFC, Soro) for offences punishable under S.52(a)(i) of the Odisha Excise Act on the main allegation of possessing 600 ltrs of ID liquor. Considering the nature and gravity of the alleged offences, pre-trial detention in custody since 22.12.2025 with substantial progress in investigation, the offences being not punishable beyond seven years, and the inherent right of the accused to presumed innocence until proven guilty at trial, the Court, without expressing any view on merits, admitted the petitioner to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the Court in seisin, on terms and conditions as deemed fit by it; the BLAPL stood disposed of. (Justice G. Satapathy; order dated 25.02.2026.)