Radhu @ Radu Majhi vs State Of Odisha ... Opposite Party
2025 Latest Caselaw 10774 Ori

Orissa High Court

Radhu @ Radu Majhi vs State Of Odisha ... Opposite Party on 8 December, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        BLAPL No.11500 of 2025
        Radhu @ Radu Majhi                      ...           Petitioner
                                            Mr. S.K. Nayak, Advocate
                                  -versus-
        State of Odisha                         ...     Opposite Party
                                             Mr. C. Mohanty, Addl. PP

                                CORAM:
                         JUSTICE G. SATAPATHY

                                  ORDER(ORAL)

08.12.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is the 2nd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Padmapur PS Case No.92 of 2023 corresponding to TR Case No.85(A) of 2023 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur, for commission of offences punishable U/Ss. 20(b)(ii)(C) of NDPS Act, on the allegation of supplying 50Kgs of Contraband Ganja to co-accused persons.

3. Heard, Mr. Suchit Kumar Nayak, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of the judgment passed in TR No. 16 of 2020 arising out of Padampur P.S. Case No. 82 of 2020.

4. Admittedly, this Court by way of an order passed on 21.08.2025 has granted bail to the petitioner in BLAPL No. 3165 of 2025, but subject to verification of his criminal antecedent for similar nature, however, it appears from the certified copy of the order dated 08.09.2025 passed by the learned Special Judge, Gunupur in TR No. 85(A) of 2023 that since the petitioner is an accused in Padampur P.S. Case No. 82 of 2020, the benefit of the order granting bail to the accused was not extended to him. The copy of the judgment produced by the learned counsel for the petitioner reveals that the petitioner has already been acquitted of the charge on 25.06.2025 in Padampur P.S. Case No. 82 of 2020 and, therefore, the benefit order passed by this Court in BLAPL No. 3165 of 2025 can still be extended in favour of the petitioner, as the alleged involvement of the petitioner in Padampur P.S. Case No. 82 of 2020 is no more constitute a criminal antecedent.

5. Accordingly, the present bail application stands disposed of with aforesaid observation and the Court in seisin over the case is requested to extend the benefit of the order, if the petitioner is not found involved in any other case for commission of offence under NDPS Act.

(G. Satapathy) Judge S.Sasmal

Location: High Court of Orissa Date: 09-Dec-2025 17:00:00