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2025 DAILYLAW 23947 (ORI)

RADHU @ RADU MAJHI v. STATE OF ODISHA

BLAPL/3165/2025 · 2025-08-21

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3165 of 2025 Radhu @ Radu Majhi … Petitioner Mr. S.K. Nayak, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 21.08.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Padmapur PS Case No.92 of 2023 corresponding to TR Case No.85(A) of 2023 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur, for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of NDPS Act r/w Section 25 of Arms Act, on the allegation of supplying 50Kgs of Contraband Ganja to co-accused persons. 3. Heard, Mr. Suchit Kumar Nayak, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record. 4. Admittedly, the petitioner was neither apprehended from the spot nor was found in conscious possession of any Contraband article, but he is in custody since 21.05.2024. Co-accused namely Atul p. 2 Kumar Panda, Gyana @ Debabrata Das @ Gyan Das and Dhansingh Durga @ Santosh Durga from whom the Contraband article allegedly seized in this case have already been granted bail by a co-ordinate Bench of this Court in BLAPL Nos.510, 780 & 784 of 2024. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature. In such view of the matter and taking into account the mode and manner of implication of the present petitioner in this case, this Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merits, admits the petitioner to bail. 6. 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) with two solvent sureties each 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. The above order is subject to verification of the criminal antecedent of similar nature of the petitioner and in case, any criminal antecedent of similar nature is found against the petitioner, the benefit of this order shall not be extended to him without seeking leave of the Court. Page 3 of 3 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer