MAHADEV BHATRA @ MAHADEB BHATARA v. STATE OF ODISHA
BLAPL/9262/2025 · 2025-09-22
Sibo Sankar Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55765 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55765 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9262 of 2025
Mahadev Bhatra @ Mahadeb Bhatara
…. Petitioner(s) Mr. Suryakanta Dwibedi, Advocate -versus- State of Odisha
…. Opp. Party(s) Mr. A.K. Apat, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.09.2025
01.
1. The petitioner is an accused in connection with Tumudibandha P.S. Case No. 82 of 2025 corresponding to C.T. Case No.123 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 20(b)(ii)(C) of NDPS Act pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Balliguda.
2. The petitioner had approached the learned Additional Sessions Judge-cum-Special Judge, Balliguda in C.T. No.123 of 2025 praying for grant of bail. The learned Court below vide its order dated 16.07.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for p. 2 enlargement on bail.
3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
4. The prosecution case, as per the FIR, is that Ashulosh Jena, OIC of Tumudibandh P.S. on 14.07.2025 at about 7 p.m. lodged a written report before the IIC of Tumudibandh P.S alleging inter alia that while he along with other staffs were conducting patrolling duty, he received information from reliable source that one person is waiting for vehicle on the road side near village Dadanga Chhaka with one white colour jerry bag to transport contraband ganja. Basing on the said information, they rushed the spot and noticed as per information that one male person with one white colour jerry bag standing by the side of the road. On being asked he disclosed his identity and on search of the bag, all total 21 kg of contraband Ganja was seized. On being asked he could not able to produce any authority for possession and transportation of the same. Thereafter the bag including the Ganja was seized.
5. Mr. Dwibedi, learned counsel for the petitioner submits that recovery of 21 kg. of contraband ganja was there and the petitioner is not involved in any other case, except the present one and the petitioner p. 3 is in judicial custody since 14.07.2025 and charge sheet in the case has not yet filed.
6. Learned State Counsel has produced the report dated 11.09.2025 issued by the Officer-in-Charge, Tumudibandha Police Station, which shows that the petitioner has not involved in any other case.
7. Taking into
consideration the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 14.07.2025, I am inclined to enlarge the petitioner on bail.
8. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months;
(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;
(iii) He shall appear before the trial Court on each date on which the case is posted for trial;
(iv) He shall not tamper with the evidence in any manner whatsoever;
(v) He shall not commit any offence while on bail, and p. 4 (vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.
9. The BLAPL is accordingly disposed of.
(S.S. Mishra) Judge Ashok
Designation: Secretary