[Cites 3, Cited by 0]
Orissa High Court
Narayana Mahananda vs State Of Odisha ... Opposite Party on 16 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Narayana Mahananda ... Petitioners
(In BLAPL No.12724 of 2025)
Subash Kumar & Others
(In BLAPL No. 12888 of 2025)
Mr. N. Mohapatra, Advocate
(In both the BLAPLs)
-versus-
State of Odisha ... Opposite Party
Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL) : 16.04.2026
02. 1. Since these two 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. Mr. Nityananda Mohapatra, learned counsel for the
petitioners in BLAPL No. 12888 of 2025 by filing a memo
prays to not press the bail application of petitioner No.1-
Subash Kumar, however, he prays to take up the bail
application of petitioner Nos.2 & 3 namely Shambhu Kant
Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 and
petitioner- Narayana Mahananda in BLAPL No. 12724 of 2025
and accordingly, the bail application of petitioner No.1 Subash
Kumar in BLAPL No. 12888 of 2025 stands disposed of as not
pressed and the present bail applications are only confined to
petitioner Nos.2 & 3 namely Shambhu Kant Dubey and Ranjay
Kumar in BLAPL No. 12888 of 2025 and petitioner- Narayana
Mahananda in BLAPL No. 12724 of 2025.
3. These are bail applications U/S.483 of BNSS by the
petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025
and petitioner Nos.2 & 3 namely Shambhu Kant Dubey and
Page 1 of 3
Ranjay Kumar in BLAPL No. 12888 of 2025 for grant of bail in
connection with Dhama Excise Station, Sambalpur PR No. 57
of 2025-26 corresponding to T.R. Case No.64 of 2025
pending in the file of learned Sessions Judge-cum-Judge
(Special Court), Sambalpur, for commission of offences
punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main
allegation of transporting 21Kgs of Contraband Ganja in an
auto-rickshaw bearing Regd. No. OD-31-E-8418.
4. Heard, Mr. Nityananda Mohapatra, learned counsel
for the petitioners and Mr. S.C. Pradhan, learned Addl. PP in
these matters and perused the record. On being queried
about the criminal antecedents of the petitioners, Mr.
Mohapatra volunteers to withhold bail to the petitioners, if
they are found to have any criminal antecedent of similar
nature for commission of offence under NDPS Act.
5. Admittedly, the petitioners were arrested on
29.05.2025
, but in the meantime, PR has already been
submitted, however, the trial is yet to commence and there
are numbers of charge sheeted witnesses and, therefore, the
trial would take some more time. Further, it is claimed that
the petitioners are not having any criminal antecedent of
similar nature. In such view of the matter, especially when
no criminal antecedent of similar nature has been reported
against the petitioners and the Contraband Ganja allegedly
seized from the possession of the petitioners being just above
the commercial quantity and there being possibility of human
error in weighing, the petitioners would be considered to
have satisfied the conditions of Section 37 of NDPS Act, if
they are not having any criminal antecedent of similar nature.
6. For the reasons stated hereinabove and taking
into account the custodial period of the petitioners, this
Court without expressing any view on merit admits
petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025
and petitioner Nos.2 & 3 namely Shambhu Kant Dubey and
Ranjay Kumar in BLAPL No. 12888 of 2025 to bail, but
subject to verification of their criminal antecedents for
similar nature for commission of offence under NDPS Act.
7. Hence, these two bail applications of the
petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025
and the petitioner Nos.2 & 3 namely Shambhu Kant Dubey
and Ranjay Kumar in BLAPL No. 12888 of 2025 stand allowed
and the petitioner-Narayana Mahananda in BLAPL No. 12724
of 2025 and petitioner Nos.2 & 3 namely Shambhu Kant
Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 are
allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-
(Rupees One Lakh) each with two solvent sureties for the like
amount to the satisfaction of the learned Court in seisin of the
case on such terms and conditions as deem fit and proper by
it.
In view of the specific submission advanced for the
petitioners, the benefit of the aforesaid order shall not be
extended to the concerned petitioner(s), if he/they is/are
found to have criminal antecedent(s) of similar nature for
commission of offence under NDPS Act.
8. Accordingly, these BLAPLs stand disposed of. Issue
urgent certified copy of the order as per Rules. A soft copy of
this order be immediately communicated to the concerned
Court, who shall afterwards communicate the same to the
concerned Jail through e-mail for reference.
(G. Satapathy)
Signed by: SUBHASMITA SASMAL S.Sasmal
Location: High Court of Orissa
Date: 17-Apr-2026 11:37:23
