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2026 DAILYLAW 5212 (ORI)

MANISH KUMAR v. STATE OF ODISHA

BLAPL/454/2026 · 2026-03-10

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.454 of 2026 Manish Kumar & another & Petitioners Mr. S.R.Rout, Advocate -versus- State of Orissa & Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 10.03.2026 01. 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 petitioners for grant of bail in connection with PR No. 54 of 2025-26 dated 15.06.2025 of OIC, Angul-I Excise Station corresponding to CT(NDPS) Case No.16 of 2025 pending in the Court of learned Special Court under NDPS Act-cum- Additional Sessions Judge, Angul, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 30Kgs of Contraband Ganja and waiting for train. 3. Heard, Mr. Smruti Ranjan Rout, learned counsel for the petitioners 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 petitioners, Mr. Rout volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 4. Admittedly, the petitioners are in custody since 15.06.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence and there p. 2 is unlikelihood of commencement of trial in near future. In the peculiar facts and circumstances, especially when no criminal antecedent of similar nature has been reported against the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS, if they are not having any criminal antecedent of similar nature for commission of offences under NDPS Act. 5. For the reason stated hereinabove and taking into account the pre trial detention of the petitioners in custody, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of criminal antecedent of similar nature for commission of offence under the NDPS Act. 6. Hence, the bail application of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature 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 kishore