Purna Chandra Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Purna Chandra Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Bail application of Balaram Bisoyi in BLAPL No.3948 of 2025 allowed: he is to be released on bail on furnishing bail bonds of Rs.50,000/- with two solvent sureties each for the like amount, conditioned on attending the trial Court on each date of posting, failing which the trial Court may proceed against him for offence U/S.269 of BNS, 2023; bail refused to all other petitioners (Pabana @ Prabhakar Sahu @ Pabana Sahu, Bipini Sahu & Baya Sahu in BLAPL No.9883 of 2024; Juria @ Rajendra Sahu in BLAPL No.9885 of 2024; Sudam Mallik in BLAPL No.12570 of 2024; Surendra Mallik and Rama Mallik in BLAPL No.3926 of 2025; Purna Chandra Sahu & Rabi Sahu in BLAPL No.4553 of 2025), and all six BLAPLs stand disposed of.

Issue for consideration

Whether the petitioners are entitled to bail under Section 483 BNSS in connection with K. Nuagaon PS Case No.252 of 2024 arising from deaths and illness caused by consumption of spurious liquor +2 more

Court's answer

At the time of consideration of bail, detailed analysis of evidence and meticulous examination of documents on merit should be avoided; the Court's first duty is to consider whether a prima facie case or reasonable ground exists that the serious allegations constitute commission of the offences.

Ratio / Principle

The Court does not consider it proper to enter into analysis of the CFSL, Kolkata and SFSL, Rasulgarh, Bhubaneswar reports together with the doctor's opinion at the bail stage, which is impermissible; what is relevant is that five persons suffered death and some suffered illness after consuming liquor sold by the co-accused, and there are allegations against the petitioners either for selling liquor to villagers without authority or supplying it to vendors-cum-co-accused for sale.

Key takeaways

Considering the role of each petitioner, the tragic death of five innocent persons and illness of others after consuming liquor allegedly sold/supplied by the petitioners, the impact on society, that trial has not yet commenced, the criminal antecedents of Bapini Sahu, Baya Sahu, Juria @ Rajendra Sahu and Rabi Sahu in ID liquor matters, and that none of the petitioners has any licence or authority to sell liquor, it would not be proper to grant bail to the persons who are allegedly selling or supplying the liquor.ratio¶¶60
Balaram Bisoyi's case is considered positively and his bail application in BLAPL No.3948 of 2025 is allowed: there is no direct material against him for selling liquor to any villager, the only allegation is that he assisted co-accused in selling liquor without clarification of the manner of assistance, and he has no criminal antecedents of a similar nature.ratio¶¶60

Detailed headnote1 paragraphs

Bail under S.483 BNSS in a spurious-liquor fatality case (K. Nuagaon PS Case No.252 of 2024; charges U/Ss.61(2)/110/274/123/275/103(1)/118/3(5) BNS r/w Ss.52(a)/59/62 Odisha Excise Act, 2008): five consumers died and others fell ill after drinking liquor bought from/supplied by the accused. Held: (i) detailed analysis of evidence and meticulous examination of documents must be avoided at the bail stage, the Court's first duty being to test whether a prima facie case or reasonable ground exists; (ii) the Court declined to adjudicate the conflict between the CFSL, Kolkata viscera reports (no poisonous/toxic substance detected) and the SFSL/CE report (ammonium nitrate and ammonium sulphate in seized liquor) with the post-mortem doctor's multi-organ-failure opinion, treating as relevant only the five deaths and allegations of unlicensed sale or supply of liquor; (iii) bail refused to all petitioners who allegedly sold or supplied the liquor, given the gravity of five deaths, societal impact, non-commencement of trial, ID-liquor antecedents of several petitioners and absence of any licence; but (iv) Balaram Bisoyi, a village headman with no direct allegation of selling liquor, whose sole, unclarified alleged role was assisting co-accused and who had no similar antecedents, was granted bail on a Rs.50,000 bond with two sureties, subject to personal attendance at every trial posting, failing which action under S.269 BNS, 2023 may follow. Bail parameters drawn from Prasanta Kumar Sarkar (2010) 14 SCC 496 and Jagjeet Singh (2022) 9 SCC 321.

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the petitioners are entitled to bail under Section 483 BNSS in connection with K. Nuagaon PS Case No.252 of 2024 arising from deaths and illness caused by consumption of spurious liquor¶¶17
The court held
At the time of consideration of bail, detailed analysis of evidence and meticulous examination of documents on merit should be avoided; the Court's first duty is to consider whether a prima facie case or reasonable ground exists that the serious allegations constitute commission of the offences.ratio¶¶49
2.
Whether a prima facie case or reasonable ground exists that the petitioners committed the offences, given that the CFSL, Kolkata viscera reports did not reveal poisonous/toxic substances while the CE report of seized liquor revealed ammonium nitrate and ammonium sulphate and the post-mortem doctor opined these could cause death by multi organ failuremedium confidence¶¶56
The court held
The Court does not consider it proper to enter into analysis of the CFSL, Kolkata and SFSL, Rasulgarh, Bhubaneswar reports together with the doctor's opinion at the bail stage, which is impermissible; what is relevant is that five persons suffered death and some suffered illness after consuming liquor sold by the co-accused, and there are allegations against the petitioners either for selling liquor to villagers without authority or supplying it to vendors-cum-co-accused for sale.ratio¶¶56
3.
Whether petitioner Balaram Bisoyi, against whom there is no direct allegation of selling liquor and whose only alleged role is assisting co-accused in selling liquor as village headman, should be granted bail¶¶60
The court held
Balaram Bisoyi's case is considered positively and his bail application in BLAPL No.3948 of 2025 is allowed: there is no direct material against him for selling liquor to any villager, the only allegation is that he assisted co-accused in selling liquor without clarification of the manner of assistance, and he has no criminal antecedents of a similar nature.ratio¶¶60