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2025 DAILYLAW 3370 (ORI)

BHIMASEN JENA v. STATE OF ODISHA

BLAPL/13117/2025 · 2026-04-29

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13117 of 2025 Bhimasen Jena … Petitioner Mr. M.K. Chand, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):29.04.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Baghamari PS Case No. 17 of 2023 corresponding to TR Case No.13(A) of 2023 pending in the Court of learned 1st Addl. Sessions Judge-cum-Special Judge, Khurda for commission of offences punishable U/Ss.21(b)/29 of the NDPS Act, on the main allegation of possessing 15 Grams and 17 Milligrams of Brown Sugar. 3. Heard, Manas Kumar Chand, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Chand 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. Admittedly, the Petitioner was not apprehended from the spot, but has voluntarily surrendered in the Court on 01.12.202. Besides, no incriminating material has been recovered from the exclusive possession of the Petitioner. Additionally, co-accused Ramesh Jagdev has already been granted bail by a Coordinate Bench of this Court in BLAPL No. 8977 of 2023. In the aforesaid facts and circumstances and taking into account the materials placed on record, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent. 5. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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. 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 offence 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 Priyajit