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2026 DAILYLAW 15656 (ORI)

BIRANCHI BEHERA v. STATE OF ODISHA

BLAPL/4723/2026 · 2026-05-21

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4723 of 2026 Biranchi Behera … Petitioner Mr. S.S. Dash, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 21.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Bhadrak Town PS Case No.670 of 2025 corresponding to Special (NDPS) Case No.79 of 2025 pending in the Court of learned District and Sessions Judge-cum-Special Judge, Bhadrak for commission of offences punishable U/S. 15(C)/29 of NDPS Act, on the main allegation of possessing 56.618Kgs of poppy straw. 3. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. 4. Admittedly, the petitioner was taken into custody on 19.11.2025, but in the meantime charge-sheet has already been submitted, however, the trial is yet to commence and there are 14 charge-sheeted witnesses and therefore, the trial would definitely take some time. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstances and on going through the materials placed on record, this Court considers that the petitioner has satisfied the conditions of Sec.37 of NDPS Act. p. 2 5. For the reason stated hereinabove and taking into account the pre-trial detention of the petitioner in custody with submission of charge-sheet, this Court without expressing any view on merit admits the petitioner to bail 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) only 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. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. 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 Jayakrushna