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2025 DAILYLAW 5040 (ORI)

HUSSEN KHAN @ PETU v. STATE OF ODISHA

BLAPL/13959/2025 · 2026-02-05

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Hussen Khan @ Petu and another (In BLAPL No. 13959 of 2025) Madan Bariha and another (In BLAPL No. 58 of 2026) … Petitioners Mr. J. Sahu, Advocate (In BLAPL No. 13959 of 2025) Mr. S Trivedy, Advocate (In BLAPL No. 58 of 2026) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 05.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. 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. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Spl. GR Case No. 54 of 2025 arising out of Paikmal PS Case No. 241 of 2025 pending in the file of learned Addl. Sessions Judge, Padampur for commission of offences punishable U/Ss. 21(b)/25/29 of the NDPS Act and U/S. 111(2)(b) of the BNS, on the allegation of possessing 2598 numbers of Pentazocine Injection. Page 2 of 3 4. Heard, Mr. Jagabandhu Sahu, learned counsel for the Petitioners in BLAPL No. 13959 of 2025; Mr. Sanket Trivedy, learned counsel for the Petitioners in BLAPL No. 58 of 2026 and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Sahu & Mr. Trivedy volunteer to withhold bail to the concerned petitioners, if he/they is/are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioners vis-a-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the Petitioners in custody since 10.10.2025 with submission of charge sheet in the meantime and there being no criminal antecedent reported against the Petitioners 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 merit admits each of the petitioners to bail, but subject to verification of their criminal antecedents. 6. Hence, these two bail applications of the petitioners namely Hussen Khan @ Petu, Sobha Chandra Sahu @ Saroj & Madan Bariha ,Sananda Seth p. 3 in BLAPL Nos. 13959 of 2025 and 58 of 2026 are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 7. Accordingly, these BLAPL Nos. 13959 of 2025 and 58 of 2026 stand disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit