IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2186 of 2026 Biju Jena … Petitioner Mr. P.K. Pradhan, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with PR No.477 of 2025-26 corresponding to Spl. 2(a) CC Case No.128 of 2025 pending in the Court of learned 3rd Addl. District & Sessions Judge-cum-Special Judge, Cuttack for commission of offences punishable U/S. 21(b) of the NDPS Act, on the allegation of possessing 178Grams of Heroin. 3. Heard, Mr. Pradeep Kumar Pradhan, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Pradhan 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. After having considered the rival submissions and on going through the material placed on record and regard being had to the pre-trial detention of the Petitioner in custody since 25.11.2025 with framing of charge in the meantime and taking into account the other circumstances on record in entirety including the well- recognized principle “bail is the rule, but jail is the exception”, this Court without expressing any view on merit admits the Petitioner to bail, but subject to verification of his criminal antecedents. 5. Hence, the bail application of the petitioner stand allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety 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. 6. Accordingly, the BLAPL stands disposed of. 7. 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 Jayakrushna