p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4466 of 2026 Dillip Kanhar & Another … Petitioners Mr. S. Dwibedi, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 14.05.2026 01. 1. This is the 2nd successive bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Tikabali P.S. Case No. 197 of 2025 corresponding to C.T. Case No. 153 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Balliguda for commission of offences punishable U/S. 20(b)(ii)(C) of NDPS Act, on the main allegation of jointly possessing 40kgs of Contraband Ganja. 2. Heard, Mr. Suryakanta Dwibedi, learned counsel for the petitioners and Mr. C. Mohanty, learned Addl. PP in the matter and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Dwibedi volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 3. The petitioners were admittedly granted liberty in BLAPL No. 10754 of 2025 to renew his prayer for bail after submission of charge sheet, but the petitioner is in custody since 08.09.2025 and in the meantime, charge sheet has already been submitted on 07.03.2026, however, the trial is yet to commence and there are 11 charge sheeted witnesses and, therefore, the trial would take some more time. It is, however, claimed that the petitioners are not having any criminal p. 2 antecedent of similar nature. In such view of the matter, especially when no criminal antecedent of similar nature being reported against the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act involving commercial quantity. 4. For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedents for similar nature for commission of offence under NDPS Act involving commercial quantity. 5. Hence, the bail application of the petitioners stands allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act. 6. Accordingly, these BLAPLs stand disposed of. 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 S.Sasmal Designation: Jr. Stenographer