Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
Nilakantha Pradhan (In BLAPL No.12238 of 2025) Panduru Kanhar (In BLAPL No.12456 of 2025) … Petitioners
Mr. A.R. Panda, Advocate
(for both the petitioners)
-versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 12.02.2026
02.
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 are the 2nd bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Phiringia PS Case No.108 of 2025 corresponding to CT (N) Case No.84 of 2025 pending in the file of learned Special Judge, Phulbani, for commission of offences punishable U/S.20(b)(ii)(C)/25/29 of NDPS Act, on the main allegation of transporting 25Kgs of Contraband Ganja in a Car bearing Registration No.OR-02BE-0655. 3. Heard Mr. A.R. Panda, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. On being queried about p. 2 the criminal antecedent of the petitioners, Mr. A.R. Panda, learned counsel for the petitioners volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 4. Admittedly, the petitioners were granted liberty in BLAPL No.5681 of 2025 to renew their prayer for bail, if the charge-sheet is not submitted within three months w.e.f 02.08.2025, but in the meantime, charge- sheet has already been submitted. The petitioners are in judicial custody since 15.05.2025, but there is no immediate prospect of trial, however there are number of charge-sheeted witnesses and, therefore, the trial would definitely take some more time. Further, it is claimed that the petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature. 5. For the reason stated hereinabove and taking into account the pre trial detention of the petitioners in custody, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedents for similar nature. 6.
Hence, these two bail applications of the petitioners namely Nilakantha Pradhan (in BLAPL p. 3 No.13634 of 2025) and Panduru Kanhar (in BLAPL No.12456 of 2025) are allowed and each of the petitioners is 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. In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 7. Accordingly, these BLAPLs stand disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge Pravakar