Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2591 of 2026 Madan Barik …. Petitioner
Mr. Swaraj Patel, Advocate -versus- State of Odisha
…. Opp. Party
Mr. Partha Sarathi Nayak, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 27.04.2026
02.
1. The petitioner is accused in connection with OIC Excise Station, Sundargarh P.R. Case No.316/2025- 2026 dated 05.03.2026 corresponding to Special 2(a)CC Case No.04 of 2026 registered for the alleged commission of the offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of the learned Sessions Judge-cum-Special Judge, Sundargarh. The petitioner had approached the learned Sessions Judge-cum-Special Judge, Sundargarh in Special 2(a)CC Case No.04 of 2026 praying for grant of bail. The learned Court below vide its
order dated 06.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present p. 2 bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
3. The prosecution case is that on 05.03.2026 at about 9.10 A.M., while the OIC, Excise Station, Sundargarh along with his team were performing the patrolling duty near village Birbira, they found the accused was coming being carried a white colour plastic bag. On suspicion, the Excise officials detained the accused and on search, they seized 1.100 grams of ganja from the plastic bag of the accused. Hence, the case. 4. Learned counsel for the petitioner submits that the petitioner has been taken into custody since
05.03.2026. He further submits that the petitioner does not have any criminal antecedent. 5. Regard being had to the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 05.03.2026, I am inclined to enlarge the petitioner on bail. 6. Hence, the petitioner is 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 petitioner shall appear before the I.I.C. of p. 3 Subhasis 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) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;
(iii) He shall appear before the trial Court on each date on which the case is posted for trial without fail;
(iv) He shall not tamper with the evidence in any manner whatsoever;
(v) He shall not commit any offence while on bail, and
(vi) He shall be released on bail subject to verification of similar type of antecedents.
In the event the petitioner is 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 the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge
Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 29-Apr-2026 11:15:04