p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2019 of 2026 Bana @ Bharat Khutla @ Bana Khutula …. Petitioner Mr. J. Sahu, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with G.R. Case No.47(a) of 2024 pending on the file of learned Additional Sessions Judge, Padampur, arising out of Padampur P.S. Case No.229 of 2024 for commission of offence alleged under Sections 21(B)/29 of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the p. 2 learned Additional Sessions Judge, Padampur by order dated 04.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. It is submitted by the learned counsel for the Petitioner that primarily the implication of the Petitioner is on account of the statement of the principal accused, Ghasiram Luhar of selling the contraband articles i.e. Eskuf cough syrup and WINCEREX cough syrup bottles as well as medicines like Pentazocine Injection, Nitrosun-10 tablets. 6. It is stated that the Petitioner is at all fours with one of the co-accused namely Bablu Singh Bariha, who has since been released on bail by order dated 05.09.2024 in BLAPL No.8345 of 2024, inter alia, relying on the judgment of the Apex Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. Hence, the Petitioner seeks release. 7. Learned counsel for the State opposes the prayer for bail, inter alia, referring to the criminal antecedent of the Petitioner 8. Keeping in view the sacred principle that an accused is presumed to be innocent till found guilty and the manner of accusation and the release of the co-accused, as noted, keeping in view the ground of parity in the light of the judgment of the Apex Court p. 3 in the case of Satender Kumar Antil vrs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Accordingly, the BLAPL stands disposed of. 10. UCC as per rules. (V. NARASINGH) Judge Santoshi