p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3226 of 2026 1. Uma Prasad Behera 2. Bismay Bishal Sahoo …. Petitioner(s) Mr. A.K. Jena, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 12.05.2026 02. 1. The petitioners are accused in connection with P.R. No. 649 of 2025-26 of E.I. & E.B., Unit-II, Cuttack corresponding to 2(a)CC No.25 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 21(b)/29 of the NDPS Act, pending in the court of the learned Sessions Judge-cum-Special Judge, Cuttack. 2. The petitioners had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 24.03.2026 has rejected the bail application of the petitioners. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail p. 2 application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the F.I.R. is that on 09.03.2026 at about 11.45 A.M. while the informant along with his staff were performing patrolling duty in Malgodown area at about 12 'O' clock received an information that two persons are selling heroin near Ranihat Canal Road by parking their Scooter. It is alleged that after receipt of the said information, the informant and his staff rushed to the spot to verify the veracity of the information and when they reach at the spot, from a distance they saw that two persons are sitting on a scooter and a white color jari bag was hanged in the handle of the scooter and seeing the patrolling party, both the accused persons tried to flee away from the spot but the patrolling party could able to apprehend both of them at the spot and on being asked they disclosed their name and further disclosed that the jari bag contains heroin. It is also alleged that the informant search the jari bag in presence of the witnesses and on search the informant found there is 98 grams of heroin in the said jari bag and accordingly the informant seized the alleged heroin and scooter in presence of the witnesses, arrested the accused persons and forwarded them to court. 5. The matter was heard on 04.05.2026 and following order was passed:- “1. Learned counsel for the petitioners, at the outset, submits that the petitioners are involved in a case relating to an excise offence under Section 52(a) of Bihar & Orissa Excise Act. He further submits that the petitioners have been in custody since 09.03.2026. After investigation, charge-sheet has been filed on 01.05.2026. It is also submitted p. 3 that 98 grams of heroin were recovered from the possession of the petitioners, which is the less than the commercial quantity. 2. In view of the same, learned counsel for the petitioners is directed to file a comprehensive affidavit giving details regarding the criminal antecedents, if any, against the petitioners and the status of those cases. 3. List this matter on 11.05.2026.” 6. Pursuant to the said order, on 06.05.2026 the petitioners have filed a comprehensive affidavit, inter alia, stating as under:- “That, the petitioner No.1 also involved in Mangalabag P.S. Case No. 188/2022 for commission of offences under Section- 420/34 I.P.C. which is corresponding to G.R. Case No.981 of 2022, in the court of J.M.F.C. (City), Cuttack, and in that case the Petitioner No.1 is allowed to go on bail by the learned Trial court.” 7. Learned counsel for the petitioners submits that although the petitioner no.1 has one criminal antecedent, but the antecedent is not of similar nature. There is recovery of only 98 gms of brown sugar and the petitioners are in custody since 09.03.2026. 8. Learned counsel for the State opposed the prayer for bail. 9. Regard being had to the nature of allegation, recovery of 98 gms of contraband brown sugar and the period of judicial custody of the petitioners since 09.03.2026, I am inclined to enlarge the accused-Petitioners on bail. 10. Hence, the Petitioners are directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would p. 4 deem just and proper, subject to the following additional conditions: (i) They shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) They shall appear before the trial Court on each date on which the case is posted for trial; (iii) They shall not tamper with the evidence in any manner whatsoever; (iv) They shall not commit any offence while on bail, and (v) They shall be released on bail subject to verification of similar type of antecedents. In the event, the petitioners are found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 11. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA