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2026 DAILYLAW 404 (ORI)

PRATAP KISHORE BARIK v. STATE OF ODISHA

BLAPL/995/2026 · 2026-03-16

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.995 of 2026 Pratap Kishore Barik … Petitioner Mr. K. Pattanaik, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Excise Mobile Unit, Balasore PR No. 230 of 2025-26 corresponding to Spl. Case No.281 of 2025 pending in the Court of learned Sessions Judge-cum-Spl. Judge, Balasore for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 20Kgs and 500 Grams of Contraband Ganja in one Silver Metallic colour Hyundai Santro Car bearing Registration No.OR-02-AR-7366. 3. Heard, Mr. Kashinath Pattanaik, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Pattanaik volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 4. Admittedly, the Petitioner is in custody since 11.09.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence and there is unlikelihood of commencement of trial in near future. Besides, it is claimed that the Petitioner is not having any criminal antecedent of similar nature. In the aforesaid facts and circumstances, especially when there is no criminal antecedent of similar nature reported against the Petitioner and there being possibility of human error in weighing the article, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. For the reason stated hereinabove and taking into account the pre-trial detention of the petitioner and keeping in view the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent. 6. Hence, the bail application of the petitioner stands allowed and he 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 extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 7. Accordingly, the BLAPL stands 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 Priyajit