p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.89 of 2026 Tarun Kumar Jena … Petitioner Mr. M. Das, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with SI of Excise, EI & EB, Unit-II (SD), Berhampur, Ganjam PR No.433 of 2025-2026 corresponding to 2(a)CC Case No.24 of 2025 (N) pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Aska, Ganjam, for commission of offence punishable U/Ss.20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of escorting one silver colour Honda City Car bearing Regd. No.OD-02-Y-5202 carrying 30Kgs of Contraband Ganja by his Honda Unicorn Motorcycle bearing Regd. No.OD-02-DF-1564. 3. At the outset, Mr. Mahes Das, learned counsel for the petitioner apprises this Court that this is the 2nd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. Heard, Mr. Mahes Das, learned counsel p. 2 for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Das 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. 4. Admittedly, the petitioner was taken into custody since 11.10.2025, but in the meantime, PR has already been submitted, however, co-accused Kapilash @ Kapilas Digal against whom the allegation of transporting Contraband article is directed has already been granted bail by a co-ordinate Bench of this Court in BLAPL No.13534 of 2025. There is no immediate prospect of trial, but 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 considered to have satisfied the conditions of Section 37 of NDPS, if he is not having any criminal antecedent of similar nature for commission of offences under NDPS Act. 5. For the reason stated hereinabove and regard being had to the pre trial detention of the petitioner in custody and grant of bail to co-accused, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of criminal p. 3 antecedent of similar nature for commission of offence under the NDPS Act. 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 concerned 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. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer