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2025 DAILYLAW 56977 (ORI)

BIKRAM MAHAKUD @ LIPUN v. STATE OF ODISHA

BLAPL/9762/2025 · 2025-09-24

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9762 of 2025 Bikram Mahakud @ Lipun …. Petitioner Ms. D.R. Nanda, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Sahoo, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.09.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with C.T. (N) Case No.104 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani corresponding to Phiringia P.S. Case No.196 of 2025 on the grounds stated. 3. Perused the FIR i.e. Annexure-1 and the rejection order i.e. Annexure-2. 4. Ms. Nanda, learned counsel for the petitioner submits that the petitioner was driving the alleged vehicle at the relevant point of time and he having no other criminal antecedent of similar nature, should be allowed to go on bail with any conditions, which is objected by Mr. Sahoo, learned ASC for the State, as the recovery and seizure relates to the commercial quantity of contraband Ganja i.e. 40 Kgs. Page 2 of 2 5. The FIR at Annexure-1 suggests that the contraband Ganja was found in the back seat of the vehicle in question, whereas, the petitioner was in the driver seat by the time of interception. Considering the above facts and under the impression that substantial part of the investigation would be over by now and in view of the claim that the petitioner is having no other similar antecedent, this Court is inclined to direct him to be released on bail with following conditions. Hence it is ordered. 6. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. (N) Case No.104 of 2025 corresponding to Phiringia P.S. Case No.196 of 2025 subject to him furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case, besides the following, such as, he shall attend the P.S. concerned and report the I.O once in a fortnight for the purpose of investigation and to continue to do so till the same is over. The Court further directs that such release of the petitioner shall be subject to verification and absence of criminal antecedent against him of similar nature. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok