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2026 DAILYLAW 17865 (ORI)

FAKIRA KHARA v. STATE OF ODISHA

BLAPL/4586/2026 · 2026-05-18

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4586 of 2026 Fakira Khara … Petitioner Mr. M. Nandy, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 18.05.2026 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 Pottangi PS Case No.0124 of 2023 corresponding to TR Case No.119 of 2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Koraput being charge-sheeted for commission of offences punishable U/S. 20(b)(ii)(B) of the NDPS Act, on the main allegation of transporting 11Kgs and 850Grams of Contraband Ganja in a Hero Honda Spelendor Motorcycle bearing Regd. No.OR-02-N- 6112. 3. Heard, Mr. Mangu Nandy, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into account the materials placed on p. 2 record and regard being had to the pre-trial detention of the Petitioner in custody since 13.10.2023 with submission of charge-sheet in the meantime and trial being not yet been concluded and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and the quantity of contraband ganja allegedly seized in this case being for intermediate quantity, which does not attract the provision of Section 37 of NDPS Act, this Court without expressing any view on merit admits the Petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety 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. 6. Accordingly, the BLAPL stands disposed of. 7. 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