Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
Md. Abdur Rahim Biswas (In BLAPL No.8528 of 2025) Arsaful Mandal
(In BLAPL No.8815 of 2025) … Petitioners
Mr. MD. A. Khan, Advocate
(in BLAPL No.8528 of 2025)
Mr. A.R. Panda, Advocate
(in BLAPL No.8815 of 2025)
-versus- State of Orissa … Opposite Party Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 16.09.2025
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 two bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Basta Excise PR Case No.185 of 2024-25 arising out of SC Case No.39 of 2025 pending in the Court of learned Sessions Judge-Special Judge, Balasore for commission of offences punishable U/Ss. 20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 24Kgs of Contraband Ganja on the side of the road and waiting for bus. Page 2 of 3
4. Heard, Mr. MD. Arif Khan, learned counsel for the petitioner appearing virtually in BLAPL No.8528 of 2025; Mr. Amulya Ratna Panda, learned counsel for the petitioner in BLAPL No.8815 of 2025 and Mr. T.K. Acharya, learned Additional Public Prosecutor and perused the record. Mr. Panda also apprises this Court that both the bail applications are 2nd bail application of the petitioners, but no bail application of the petitioners is pending before any other forum except this one. 5. Admittedly, the petitioners are in custody since 20.02.2025 and in the meantime, Final PR has already been submitted, but trial is yet to commence. It is however, claimed that the petitioners are not having criminal antecedent. In the circumstances, as to when the trial would commence and when it would conclude are uncertainties, but the petitioners have right to speedy trial. In the peculiar facts and circumstances of the case, this Court considers that the conditions of Sec.37 of NDPS Act may be dispensed with for the petitioners at this stage. 6. For the reason stated hereinabove and taking into account the custody period of the petitioners, this Court without expressing any view on merit admits each of the petitioners to bail. 7. Hence, these two bail applications of the petitioners namely Md.
Abdur Rahim Biswas in BLAPL No.8528 of 2025 and Arsaful Mandal in BLAPL No.8815 of 2025 are allowed and each of the petitioners are 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. 8. Accordingly, these BLAPL Nos. 8528 and 8815 of 2025 stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Jayakrushna