Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9390 of 2025
Bhismadev Meher … Petitioner
Mr. S.K. Jena, Advocate
-versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 28.01.2026
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 Khariar P.S. Case No. 225 of 2025 corresponding to Special Act Case No. 32 of 2025 pending in the file of learned Special Judge, Nuapada for commission of offences punishable U/S.20(b)(ii)(C) of the NDPS Act, on the allegation of possessing 22Kgs 450Grams of Contraband Ganja in his bedroom.
3. Heard, Mr. Sarat Kumar Jena, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Jena volunteers to withhold bail to the petitioner, if he is p. 2 found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
4. Admittedly, the petitioner has been detained in custody since 18.07.2025, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence. There are 16 charge sheeted witnesses and therefore, the trial would take some time. Further, it is also claimed that the petitioner is not having any criminal antecedent of similar nature and there is no immediate prospect of trial. In the peculiar
facts and circumstance of the case, especially when there is no immediate prospect of trial, the petitioner would be considered to have satisfied the conditions of Sec. 37 of NDPS Act, if he is not having criminal antecedent of similar nature.
5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody, this Court without expressing any view on merits admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act.
6. Hence, the bail application of the petitioner stands allowed and he 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 p. 3 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 offences under NDPS Act.
7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
S.Sasmal Designation: Jr. Stenographer