Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9641 of 2025
Jitendra Bag @ Manas …. Petitioner(s)
Mr. Sarat Kumar Jena, Advocate
-versus-
State of Odisha …. Opposite Party(s)
Ms. Subhalaxmi Devi, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 23.09.2025
01.
1. Heard.
2. The petitioner is an accused in connection with Office Incharge Tusra Excise Station P.R. Case No.60 of 2025-26 corresponding to 2(a)C.C. Case No.23 of 2025 registered on the allegation of the commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of the learned District & Sessions Judge-cum-Special Judge, Bolangir.
3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 26.08.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. p. 2
4.
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.
5. The prosecution case in short is that, the informant being the Officer In-Charge Tusra Excise Station lodged a written report inter alia alleging therein that while he along with his staffs were performing patrolling duty, one brown colour Honda city bearing Registration No.WL2CA71185 was coming in a high speed and on signal, the said vehicle did not stop. On suspicion, the raiding party detained the offending vehicle. On being searched, they seized two bags of ganja weighing 36 kg from the said vehicle. Hence, the F.I.R.
6.
Learned counsel for the petitioner submits that except the co-accused confession on the basis of which, the petitioner has been implicated, nothing has come on record against the petitioner. The petitioner is in custody since 20.08.2025. He submits that 36 kg of contraband ganja was allegedly seized from the possession of the petitioner. He further submits that except the present case, the p. 3 petitioner has no criminal antecedent and he has mentioned the same in paragraph-1 of the bail application.
7. Regard being had to the period of custody from 20.08.2025, the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet been commenced, I am inclined to admit the petitioner on bail.
Hence, the petitioner is directed to be released on bail by the 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 report before the concerned Police Station being physically present on last Sunday every month for two months. (ii) He shall not leave the jurisdiction of the trial Court till 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) The petitioner shall not commit any offence while on bail, and p. 4 (vi) He shall be released on bail subject to verification of similar nature of offence which has not been disclosed in the petition.
Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.
8. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna Designation: Senior Stenographer