Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1951 of 2026 Bhabani Shankar Patra ..... Petitioner Represented By Adv. – Mr. Satyabrata Senapati -versus- State of Odisha ..... Opposite Party Represented By Adv. – Smt. Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.05.2026 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner and learned counsel for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with Special Case No.291 of 2025, arising out of Gopalpur Excise Station P.R. No.125/2025-26, pending in the court of learned Sessions Judge-cum-Special Judge, Balasore, for alleged commission of offence punishable under Section 21(b) of N.D.P.S. Act. Page 2 of 4. 4. It is stated by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 16.09.2025. He further submitted that the Petitioner, who is a student aged about 20 years, is prosecuting his studies. He further contended that as per the prosecution allegation, a total quantity of 130 Grams of brown sugar was recovered from the accused person. Learned counsel for the Petitioner, at this juncture, disputed the recovery of the alleged contraband article from the exclusive and conscious possession of the present Petitioner. He further submitted that since the quantity of the seized article is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present Petitioner’s case. He further submitted that in the meantime investigation has been concluded, the charge sheet has been filed, and the charge has also been framed. He further contended that since there is no possibility of early conclusion of the trial, the Petitioner, who is a student, be enlarged on bail on any stringent terms and conditions. He also contended that the Petitioner does not have any similar criminal antecedent. 5. Learned counsel for the State, on the other hand, objected to the release of the Petitioner on bail on the ground of gravity and seriousness of the allegation. He further contended that the Petitioner is having a criminal antecedent, and in the event the Petitioner is released on Page 3 of 4. bail, there is every likelihood that he might indulge in similar offences. On such ground, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Considering the submissions made by the learned counsel for the respective parties, on a careful examination of the prosecution allegation, further taking note of the period of custodial detention, as well as the fact that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the fact of the present Petitioner’s case, coupled with the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to stringent conditions. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. The release of the Petitioner shall also be subject to the conditions that one of the bailer shall be a parent of the present Petitioner; he shall not indulge in similar type of offences while on bail; he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; and he shall appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of three Page 4 of 4. months, thereafter once in a month till conclusion of the trial. Violation of any terms and conditions shall entail cancellation of bail. 8. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked. 9. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis