Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 3959 of 2026
Abhi Majhi
…. Petitioner(s) Mr. S.K. Nayak, Advocate -versus- State of Odisha
…. Opp. Party(s) Mr. P.S. Nayak, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.05.2026
01.
1. The petitioner is an accused in connection with Berhampur GRPS Case No. 157 of 2025 corresponding to G.R. Case No. 82/2025(N) registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act, pending in the Court of the learned District and Sessions Judge-cum-Special Judge, Berhampur, Ganjam.
2. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 07.01.2026 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petitions under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.
3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
4. The allegation against the petitioner as per the FIR is that
the S. I of Berhampur GRPS Police station along with others officer Khurda road on 16.12.2025 conducted drive against undesirable elements at Berhampur Station from 16.30 hrs. During such drive at about 17.30 hrs at the Balugaon end of Berhampur station near Pole no-27, BAM/2021 on platform no-2, they noticed two male persons are sitting with one luggage bag each. The S.I. after observing all the legal formalities, search and seized ganja weighing total 36 kgs 300 from both the accused person. Besides that other general allegation is there. Hence this case.
5. Learned counsel for the petitioner submits that total 18.300 kg of ganja has been allegedly recovered from the present petitioner and the petitioner has been in custody since
18.12.2025.
Learned counsel for the petitioner very specifically, on instruction, submits that the petitioner has no criminal antecedents.
6.
Learned counsel for the State opposed the prayer for bail.
7. Regard being had to the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 18.12.2025, I am inclined to enlarge the petitioner on bail.
8. Hence, the petitioner is 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 deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months;
Ashok
(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;
(iii) He shall appear before the trial Court on each date on which the case is posted for trial;
(iv) He shall not tamper with the evidence in any manner whatsoever;
(v) He shall not commit any offence while on bail, and
(vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is 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.
9. The BLAPL is accordingly disposed of.
(S.S. Mishra) Judge
MOHAPATRA