p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4879 of 2026 Jogendra Kanhar … Petitioner Mr. A.R. Panda, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):13.07.2026 1 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Phulbani Sadar PS Case No.106 of 2025 corresponding to CT Case No.78 of 2025 pending in the Court of learned Special Judge-Cum-Additional Sessions Judge, Phulbani, for commission of offence punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 60Kgs of Contraband Ganja. 3. Heard, Mr. Amulya Ratna Panda, learned counsel for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Panda volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent for commission of offence under NDPS Act. Page 2 of 3 4. Admittedly, the petitioner was taken into custody since 02.05.2025, but in the meantime, trial has commenced with examination of three witnesses, but the seizure witnesses PWs.1 and 2 have become hostile to the prosecution allegation against the petitioner. In the aforesaid facts and circumstances and taking into account the materials so placed on record and regard being had to the claim of the petitioner to have no criminal antecedent of similar nature, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act. 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) 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. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be p. 3 extended to the petitioner, if he is found to have any criminal antecedent for commission of offences under NDPS Act. 7. Accordingly, the BLAPL stands disposed of. 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 Subhasmita Designation: Sr. Stenographer