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2026 DAILYLAW 8038 (ORI)

BANTI NATH v. STATE OF ODISHA

BLAPL/2924/2026 · 2026-05-01

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2924 of 2026 Banti Nath …. Petitioner Mr. B.K. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.05.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is accused in connection with S.A. Case No.11 of 2026 pending on the file of learned Special Judge, Nuapada, arising out of Excise District Mobile Unit Nuapada P.R. Case No.197 of 2026 for commission of offence alleged under Sections 20(b)(ii)(B) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of their application for bail U/s.483 of the BNSS by the learned Special Judge, Nuapada by order dated 19.03.2026 in p. 2 the aforementioned case, the present BLAPL has been filed. 5. The allegation against the Petitioner is of possessing contraband (ganja) to the tune of 6 kgs. 6. It is submitted by the learned counsel that the Petitioner is in custody since 18.03.2026 and as investigation has progressed substantially, he may be released on bail. 7. Learned counsel for the State opposes such prayer during the currency of investigation as well as on the ground that the Petitioner is a flight risk. 8. Taking into account the nature of allegation and the quantity of contraband, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Before releasing, learned Court is requested to verify the criminal antecedent of the Petitioner from his parent police station. If it comes to the fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to. 10. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belongs to the State of Odisha, additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin p. 3 till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 11. It is further directed that one of the family member of the Petitioner shall execute P.R bond in addition to the sureties so fixed. 12. Accordingly, the BLAPL stands disposed of. 13. UCC as per rules. (V. NARASINGH) Judge Santoshi