p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13286 of 2025 Anus @ Anas Majhi …. Petitioners Mr. S.K. Nayak, Advocate -versus- State of Odisha …. Opp. Party Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 19.12.2025 01. 1. The petitioner is an accused in connection with R.Udaygiri Excise Station P.R. Case No.150/2025-26 corresponding to 2(a)CC No.29/2025 registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of the learned Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi. The petitioner had approached the learned Sessions Judge-cum-Special Judge, Gajapati in 2(a)CC No.29/2025 praying for grant of bail. The learned Court below vide its order dated 05.12.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the p. 2 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. 3. The prosecution case is that the SI Excise, O.I.C. of Excise R.Udayagiri Excise Station on 7.11.2025 while along with the excise officials were performing patrolling duty in and around Bayaguda village area under R.Uadayagiri P.S. they found the accused carrying a yellow colour jerry bag on his shoulder moving in suspicious manner. On the search they detected contraband Ganja in the jerry bags and after following all the formalities search and seizure was conducted. Accordingly, the accused person apprehended by excise staff. The prosecution on weighing the entire ganja measured it as 19 Kgs. 4. Learned counsel for the petitioner submits that total 19 kg of ganja has been allegedly recovered from the present petitioner, which is less than the commercial quantity. The petitioner has been in custody since 07.11.2025 and the petitioner has no criminal antecedent. 5. The petitioner has very specifically averred in paragraph- 4 of the petition that he has no criminal antecedents, which reads as under:- “8. That it is further submitted that there was no criminal antecedent of similar nature against the present petitioner. The petitioner be released on bail in the greater interest of justice.” 6. Taking into consideration the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 07.11.2025, I am inclined to enlarge the petitioner on bail. Page 3 of 3 Ashok 7. 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 (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. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Secretary