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2025 DAILYLAW 7907 (ORI)

SHIBA PRASAD BISHI v. STATE OF ODISHA

ABLAPL/170/2025 · 2025-01-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.170 of 2025 Shiba Prasad Bishi ..... Petitioner Represented By Adv. - Amitav Tripathy -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Ms. S.Nayak, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 482 of BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(a)(i) of N.D.P.S.Act read with Section 27(1) of Orissa Forest Act.in connection with Special (NDPS) Case No.129 of 2024 arising out of Ghantapada P.S.Case No.157 of 2024 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Kantamal. 4. It is stated by the learned counsel for the Petitioner that the Police raiding party upon getting information raided the land and seized cannabis plants which were raised. During Page 2 of 3. investigation they ascertained information and on the basis of information they seized the cannabis plants. Apprehending his arrest by the Police in connection with the present case, the Petitioner has approached this Court by filing the present application. He also submitted that neither the Petitioner was present at the spot, nor anything was recovered from the conscious and exclusive possession of the Petitioner. Therefore, the bar under section 37 of the Act is not attracted to the fact of the present case. He also submitted that the Petitioner does not have any criminal antecedent and that since the Petitioner belongs to the locality, there is no chance of his absconding. 5. Learned Additional Standing Counsel on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. Further, he submitted that such type of cases is rise in the State of Odisha and no leniency should be shown to the Petitioner while considering the bail application of the Petitioner. 6. Considering the gravity and seriousness of the allegation, the Petitioner, if so advised, may surrender before the learned Additional Sessions Judge-cum-Special Judge, Kantamal, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Additional Sessions Judge-cum-Special Judge, Kantamal shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law keeping in view the surrounding facts and circumstances. The case diary be made available to the concerned court to facilitate Page 3 of 3. disposal of the bail application of the Petitioner on an application being filed prior to the date of surrender along with a copy of this order. 7. With the aforesaid observation the bail application is disposed of. 8. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Rubi