Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7965 of 2025
Nirakar Nayak … Petitioner
Mr. S.R. Panda, Advocate
-versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 20.11.2025
04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with GR PS Case No.125 of 2025 arising out of TR Case No.342 of 2025 pending in the Court of learned District & Sessions Judge, Khurda at Bhubaneswar, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 24Kgs 300Grams of Contraband Ganja. 3. Heard, Mr. Sandeep Raj Panda, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Panda volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. Page 2 of 3
4. Admittedly, the petitioner has been detained in custody since 07.07.2025 and in the meantime, charge-sheet has already been submitted, however, the trial is yet to commence and there are 19 charge- sheeted witnesses and, therefore, the trial would take considerable time. It is claimed that the petitioner is 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 petitioner would be found considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent of similar nature. 5. For the reason stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for similar nature. 6. Hence, the bail application of the petitioner stands allowed and the petitioner 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 petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any
criminal antecedent of similar nature for commission of offences under NDPS Act. 7.
Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer