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2026 DAILYLAW 433 (ORI)

BHAGABAN NAYAK v. STATE OF ODISHA

BLAPL/242/2026 · 2026-02-24

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.242 of 2026 Bhagaban Nayak … Petitioner Ms. N. Khan, Advocate -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 24.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with EI & EB, Unit-II, Cuttack PR Case No.366 of 2025-2026 corresponding to 2(a)CC Case No.105 of 2025 pending in the file of learned 2nd Addl. District & Sessions Judge, Cuttack, for commission of offences punishable U/S.21(b) of the NDPS Act, on the main allegation of possessing 123Grams of Heroin. 3. Heard, Ms. Nasarin Khan, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. Public Prosecutor in the matter and perused the record. 4. 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 18.09.2025 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, this Court without expressing any view on merits admits the petitioner to bail. 5. 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. 6. 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