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2026 DAILYLAW 6972 (ORI)

BHARAT KUMAR SINGH v. STATE OF ODISHA

ABLAPL/3202/2026 · 2026-04-27

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3202 of 2026 Bharat Kumar Singh …. Petitioner Mr. P.K. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC A N D ABLAPL No.3234 of 2026 Rama Ch. Sahu …. Petitioner Mr. P.K. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.04.2026 01. 1. Both the ABLAPLs are taken up together for disposal by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Jarpada P.S. Case No. 36 of 2026 corresponding to CT (NDPS) Case No.-10 of 2026 pending in the court of learned District Judge -Cum- Spl. Judge, Angul on the grounds stated. 4. Gone through the FIR as at Annexure-1. It is submitted that the petitioners are alleged to be the Financers to the cultivation of the cannabis plant detected by the local police and hence, the report. It is claimed that the petitioners were not present at the spot but they are likely to be implicated on the basis of the accused persons nabbed at the spot by the police. The further submission is that the petitioners do not have any antecedents hence both should be allowed to go on bail. Recorded the objection of the learned ASC for the State. 5. The FIR reveals large scale cultivation of cannabis plant found and destroyed by the local police after it was detected. Admittedly, the petitioners were not at the spot but claimed to have financed such cultivation. The submission is that bar under Section 37 of the NDPS Act is not applicable and that the alleged involvement of the petitioners is on the basis of the confessional statement of the co-accused. Considering the submissions as above and that the allegation of cultivation of cannabis plant revealed from the FIR lodged by the local P.S. and in absence of any other incriminating materials shown to the Court and the claim that none of them is having any similar antecedent but first-time offenders, this Court is inclined to direct them to surrender before the court of learned District Judge -Cum- Spl. Judge, Angul for being released with stringent conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL petitions stands disposed of with a direction to the petitioners to surrender before learned District Judge -Cum- Spl. Judge, Angul within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with CT (NDPS) Case No.-10 of 2026 on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall cooperate the I.O. in the investigation, if the same is pending as on date. The above order, as is further directed, shall be given effect to if the petitioners do not have similar antecedents. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT