p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Narayana Mahananda (In BLAPL No.12724 of 2025) Subash Kumar & Others (In BLAPL No. 12888 of 2025) … Petitioners Mr. N. Mohapatra, Advocate (In both the BLAPLs) -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 16.04.2026 02. 1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 2. Mr. Nityananda Mohapatra, learned counsel for the petitioners in BLAPL No. 12888 of 2025 by filing a memo prays to not press the bail application of petitioner No.1- Subash Kumar, however, he prays to take up the bail application of petitioner Nos.2 & 3 namely Shambhu Kant Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 and petitioner- Narayana Mahananda in BLAPL No. 12724 of 2025 and accordingly, the bail application of petitioner No.1 Subash Kumar in BLAPL No. 12888 of 2025 stands disposed of as not pressed and the present bail applications are only confined to petitioner Nos.2 & 3 namely Shambhu Kant Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 and petitioner- Narayana Mahananda in BLAPL No. 12724 of 2025. 3. These are bail applications U/S.483 of BNSS by the petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025 and petitioner Nos.2 & 3 namely Shambhu Kant Dubey and p. 2 Ranjay Kumar in BLAPL No. 12888 of 2025 for grant of bail in connection with Dhama Excise Station, Sambalpur PR No. 57 of 2025-26 corresponding to T.R. Case No.64 of 2025 pending in the file of learned Sessions Judge-cum-Judge (Special Court), Sambalpur, for commission of offences punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 21Kgs of Contraband Ganja in an auto-rickshaw bearing Regd. No. OD-31-E-8418. 4. Heard, Mr. Nityananda Mohapatra, learned counsel for the petitioners and Mr. S.C. Pradhan, learned Addl. PP in these matters and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Mohapatra volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. Admittedly, the petitioners were arrested on 29.05.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence and there are numbers of charge sheeted witnesses and, therefore, the trial would take some more time. Further, it is claimed that the petitioners are not having any criminal antecedent of similar nature. In such view of the matter, especially when no criminal antecedent of similar nature has been reported against the petitioners and the Contraband Ganja allegedly seized from the possession of the petitioners being just above the commercial quantity and there being possibility of human error in weighing, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature. 6. For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this p. 3 Court without expressing any view on merit admits petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025 and petitioner Nos.2 & 3 namely Shambhu Kant Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 to bail, but subject to verification of their criminal antecedents for similar nature for commission of offence under NDPS Act. 7. Hence, these two bail applications of the petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025 and the petitioner Nos.2 & 3 namely Shambhu Kant Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 stand allowed and the petitioner-Narayana Mahananda in BLAPL No. 12724 of 2025 and petitioner Nos.2 & 3 namely Shambhu Kant Dubey and Ranjay Kumar in BLAPL No. 12888 of 2025 are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act. 8. Accordingly, these BLAPLs stand 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