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2026 DAILYLAW 6790 (ORI)

BIKI BHOI v. STATE OF ODISHA

BLAPL/2832/2026 · 2026-04-30

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2832 of 2026 1. Biki Bhoi 2. Chaturbhuja Patel 3. Laxmiprasad Bag …. Petitioners Mr. Jagabandhu Sahu, Advocate -versus- State of Odisha …. Opp. Party Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 30.04.2026 02. 1. The petitioners are accused in connection with Padampur P.S. Case No.53 of 2026 corresponding to G.R. No.247 of 2026 registered for the alleged commission of the offences punishable under Sections 276/277/III(2)(b)/3(5) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Padampur. The petitioners had approached the learned Additional Sessions Judge, Padampur in B.A. No.30 of 2026 praying for grant of bail. The learned Court below vide its order dated 17.03.2026 rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. Page 2 of 4 2. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 07.03.2026, the S.I. of Police of Padampur P.S. lodged a report at the P.S. alleging that, when the police team were performing patrolling duty, at about 1.10 P.M., they received information from reliable source that one Chaturbhuja Patel of Bheunria Ashok Pada was selling adulterated wincerex Cough Syrup illegally near Bandha Budhapali. On receiving such information, the police team proceeded to the spot. On reaching the spot, they found four persons were selling adulterated wincerex cough surups by their Hero HF Delux motorcycle bearing Regd. No.OD-17F-1061. On search, they found 31 numbers of Wincerex cough syrup bottle each containing 100 Ml. two strips of Nitrosun- 10 tablets containing 17 nos. of tablets. Hence, the case. 4. After the investigation, the charge sheet was filed on 18.03.2026. The petitioners have been taken into custody since 07.03.2026. 5. Regard being had to the nature of allegation against the petitioners, the quantity of contraband recovered from the petitioners and the period of custody of the p. 3 petitioners since 07.03.2026, I am inclined to enlarge the petitioners on bail. 6. Hence, the petitioners are directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioners shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 P.M. for at least three months; (ii) They shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) They shall appear before the trial Court on each date on which the case is posted for trial without fail; (iv) They shall not tamper with the evidence in any manner whatsoever; (v) They shall not commit any offence while on bail, and (vi) They shall be released on bail subject to verification of similar type of antecedents. In the event the petitioners are found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of p. 4 Subhasis the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. N.B.W. shall be issued in the event the petitioners remain absent from the trial. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 30-Apr-2026 19:24:36