DILIP KUMAR MOHANTY @ BITU v. STATE OF ODISHA(EXCISE)
BLAPL/2149/2026 · 2026-04-23
Gourishankar Satapathy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4181 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4181 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2149 of 2026
Dilip Kumar Mohanty @ Bitu … Petitioner
Mr. P.C. Das, Advocate -versus- State of Odisha (Excise) … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):23.04.2026
01. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Inspector of Excise Rural Range of Cuttack PR No.20 of 2025 corresponding to 2(a)CC Case No.73 of 2025 pending in the file of learned 3rd Additional Sessions Judge, Cuttack, for commission of offences punishable U/S.21(b) of the NDPS Act, on the main allegation of possessing 32Grams of Heroin. 2. Heard, Mr. Purna Chandra Das, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Das 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. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in
custody since 11.07.2025 with framing of charge against the petitioner and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and there being no criminal antecedent of similar nature reported against the petitioner, this Court without expressing any view on merits admits the petitioner to bail, but subject to verification of criminal antecedent of similar nature for commission of offence under NDPS Act. 4. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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. 5. 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