[Cites 2, Cited by 0]
Orissa High Court
Biswajit Nayak @ Babu vs State Of Odisha .... Opp. Party(S) on 30 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1868 of 2026
Biswajit Nayak @ Babu .... Petitioner(s)
Mr. Suryakanta
Dash, Advocate
-versus-
State of Odisha .... Opp. Party(s)
Ms. S. Devi, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 30.04.2026
02.
1.
The petitioner is an accused in connection with
Balasore-II Excise Station P.R. No. 243 of 2025-26
corresponding to Special Case No. 407 of 2025 registered
on the allegation of the alleged commission of offence
punishable under Sections 21(b) of NDPS Act, pending in
the court of the learned Sessions Judge-cum-Special Judge,
Balasore.
2. The petitioner had approached the learned Special
Judge, Balasore in Special Case No. 407 of 2025 praying for
grant of bail. The learned Court below vide its order dated
02.01.2026 rejected the bail application of the petitioner.
Being aggrieved, the petitioner has filed the present petition
under Section 483 of BNSS, 2023 praying for enlargement
on bail.
3. Learned counsel for the petitioner, on instruction from
the petitioner, submits that, except the present bail
application, no other bail application of the petitioner is
pending in any other Court relating to the aforesaid F.I.R.
4. The prosecution case is that on 29.12.2025 on the
basis of the reliable information, the In-charge of Balasore-II
Excise Station seized 70 gms of brown sugar from the
exclusive and conscious possession of the petitioner.
5. Pursuant to the order dated 21.04.2026, Ms. S. Devi,
learned counsel for the State obtain written instruction
wherein it is found that the petitioner is involved in three
other cases, namely, Sahadevkhunta P.S. Case No. 135
dated 03.04.2024, Sahadevkhunta P.S. Case No. 276 dated
12.11.2016 and Sahadevkhunta P.S. Case No. 201 dated
20.07.2021.
6. Learned counsel for the petitioner submits that the
aforesaid three cases are not in similar natured crime.
Therefore, the bar under Section 37 does not operate. He
further submits that there is recovery of only 70 gms. of
brown sugar and the petitioner is in custody since
29.12.2025.
7. Learned counsel for the State opposed the prayer for
bail.
8. Regard being had to the nature of allegation and the
fact that the petitioner is in judicial custody since
29.12.2025, I am inclined to enlarge the accused-Petitioner
on bail.
9. Hence, the Petitioner is directed to be released on bail
by the learned Court in seisin over the matter in the
aforesaid case on such terms and conditions as it would
deem just and proper, subject to the following additional
conditions:
(i) He shall not leave the jurisdiction of the trial Court
till the disposal of the trial;
(ii) He shall appear before the trial Court on each date
on which the case is posted for trial;
(iii) He shall not tamper with the evidence in any
manner whatsoever;
(iv) He shall not commit any offence while on bail, and
(v) He shall be released on bail subject to verification
of similar type of antecedents.
In the event, the petitioner is found wanting for
violation of any of the bail conditions imposed by this
Court or the trial Court even on a single occasion, the
prosecution is at liberty to move appropriate application
before the Court below for cancellation of the concession
of bail granted by this Court. If such application is filed,
the trial Court should decide the application on its own
merit.
10. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa
Date: 30-Apr-2026 19:58:16
