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2026 DAILYLAW 7874 (ORI)

SUSANTA KUMAR JENA v. STATE OF ODISHA

BLAPL/2801/2026 · 2026-04-29

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2801 of 2026 Susanta Kumar Jena …. Petitioner(s) Mr. A.R. Panda, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. P.S. Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 29.04.2026 01. 1. The petitioner is an accused in connection with Jajpur Excise Station P.R. No.165 of 2025-26 corresponding to C.T. (NDPS) Case No.16 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 21(b) of the NDPS Act, pending in the court of the learned District and Sessions Judge, Jajpur. 2. The petitioner had approached the learned Special Judge, Jajpur in C.T. (NDPS) Case No.16 of 2025 praying for grant of bail. The learned Court below vide its order dated 12.03.2026 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. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. p. 2 4. The prosecution case, as per the FIR, is that on 19.12.2025 at about 8.15 A.M. while the informant along with his other Excise Staffs were performing patrolling duty near the Khandra Square under Jajpur Police Station, they found that one person was sitting on a gray colour Yamaha FZ bike bearing Registration No.OD-19P-8334 and seeing the patrolling party members the said persons tried to escape from the spot. However the informant and his other staffs could able to detain him with too much difficulty. On being asked the said person disclosed his name and identity and further on being search the informant found one white colour polythene packet from the pocket of the said person and the same is contained 23 gms. of brown sugar (heroin). After that the informant seized the contraband article as well as the vehicle in presence of independent witnesses and apprehended the accused person. Hence this P.R. 5. Learned counsel for the petitioner submits that there is recovery of only 23 gms. of brown sugar and the petitioner has no criminal antecedents. The petitioner is in custody since 19.12.2025. 6. Learned counsel for the State opposed the prayer for bail. 7. Regard being had to the nature of allegation and the fact that the petitioner is in judicial custody since 19.12.2025, I am inclined to enlarge the accused-Petitioner on bail. 8. 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 the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months; p. 3 (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; (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. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA