[Cites 3, Cited by 0]
Orissa High Court
Ramesh Kumar And Another vs State Of Odisha ... Opposite Party on 16 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12518 of 2025
Ramesh Kumar and another ... Petitioners
Mr. J.K. Panda, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 16.04.2026
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the bail application U/S.483 of the BNSS
by the petitioners for grant of bail in connection with
Excise Station Binka PR Case No. 83 of 2025-26
corresponding to Special 2(a) CC Case No.18 of 2025
pending in the Court of learned District and Sessions
Judge-cum-Spl. Judge, Sonepur for commission of
offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on
the main allegation of transporting 35Kgs of
Contraband Ganja in a Maruti Suzuki Dzire Car.
3. Heard, Mr. Jugala Kishore Panda, learned
counsel for the petitioners and Mr. T.K. Acharya,
learned Additional Public Prosecutor in the matter and
perused the record. On being queried about the
criminal antecedent of the petitioners, Mr. Panda
volunteers to withhold bail to the petitioners, if he/they
is/are found to have any criminal antecedent of similar
nature for commission of offence under NDPS Act.
4. Admittedly, the Petitioners are in custody since
07.11.2025, but in the meantime, PR has already been
submitted, however, the trial is yet to commence and
there is unlikelihood of commencement of trial in near
future. Besides, it is claimed that the Petitioners are not
having any criminal antecedent of similar nature. In the
aforesaid facts and circumstances, especially when
there is no criminal antecedent of similar nature
reported against the Petitioners, the Petitioners would
be considered to have satisfied the conditions of Sec.37
of NDPS Act, if they are not having any criminal
antecedent of similar nature for commission of offence
under NDPS Act.
5. For the reason stated hereinabove and taking
into account the pre-trial detention of the petitioners
and keeping in view the other circumstances on record
in entirety, this Court without expressing any view on
merit admits the petitioners to bail, but subject to
verification of their criminal antecedent.
6. Hence, the bail application of the petitioners
stands allowed and they are allowed to go on bail on
furnishing bail bonds of Rs.1,00,000/- (Rupees One
Lakh) with two solvent sureties each 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 as advanced
for the petitioners, the benefit of this order shall not be
extended to the concerned petitioner(s), if he/they
is/are found to have any criminal antecedent of similar
nature for commission of offence under NDPS Act.
7. Accordingly, the BLAPL stands 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)
Judge
Priyajit
Location: HIGH COURT OF ORISSA
