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2025 DAILYLAW 5124 (ORI)

PITABASH RAITA @ PITABAS RAITA v. STATE OF ODISHA

BLAPL/11363/2025 · 2026-02-11

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11363 of 2025 Pitabash Raita @ Pitabas Raita … Petitioner Mr. S.R. Mohapatra, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.02.2026 02. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Gunupur PS Case No.89 of 2018 corresponding to CT Case No.29(A) of 2018 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 210Kgs of Contraband Ganja in a Bolero bearing Registration No. OD-07-F-3930, along with co-accused persons. 2. Heard, Mr. Ajit Kumar Mohanty, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 3. No doubt, bail to the Petitioner is opposed to by the learned State counsel for long abscondance of the Petitioner, but co-accused Laxmikanta Naik, Sekhar Suman Bira from whom the Contraband Ganja was recovered have already been acquitted of the charge along with co-accused Radhakanta Naik @ Nayak & Subhabanta Ananda. The present Petitioner was neither p. 2 apprehended from the spot nor was found in conscious possession of the Contraband Ganja. In the sequence of events and on consideration of materials placed on record and taking into account the mode and manner of implication of the present Petitioner and regard being had to the law laid down by the Apex Court in Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR (SC) 641, this Court considers that the Petitioner has satisfied the conditions of Sec. 37 of NDPS Act. 4. For the reason stated hereinabove and taking into account the custodial period of the Petitioner, this Court without expressing any view on merit admits the petitioner to bail. 5. 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) only 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. 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