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2025 DAILYLAW 2155 (ORI)

RAJA BEHERA v. STATE OF ODISHA

BLAPL/12862/2025 · 2026-04-23

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12862 of 2025 Raja Behera … Petitioner Mr. K.C. Behera, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 23.04.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Banarpal P.S. Case No. 382 of 2025 corresponding to C.T. (NDPS) Case No. 22 of 2025 pending in the file of learned Special Judge- cum-Special Court, Angul, for commission of offences punishable U/S.21(b) of NDPS Act, on the main allegation of possessing 15Gms 240Mg of Brown Sugar. 3. Heard Mr. Kedar Chandra Behera, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Rout volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 13.08.2025 with framing of charge in the meantime and last but not the least, grant of bail to co- accused Mantu Gochhayat by a co-ordinate Bench of this Court in BLAPL No. 9675 of 2025 and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits, admits the petitioner to bail, but subject to verification of his criminal antecedent of similar nature for commission of offence under NDPS Act. 5. Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deems fit and proper by it. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 6. 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 S.Sasmal Designation: Jr. Stenographer