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2026 DAILYLAW 9253 (ORI)

SAMEER KUMAR v. STATE OF ODISHA

BLAPL/3742/2026 · 2026-05-06

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Sameer Kumar (In BLAPL No. 3742 of 2026) Rajnish Kumar (In BLAPL No. 3755 of 2026) … Petitioners Mr. A.R. Panda, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Boudh PS Case No. 372 of 2025 corresponding to Special case No. 118 of 2025(NDPS) pending in the file of learned Sessions Judge-cum-Special Judge, Boudh for commission of offences punishable U/S. 20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 21Kgs of Contraband Ganja on the Road, along with co- accused persons. 4. Heard, Mr. Amulya Ratna Panda, learned counsel for the petitioners and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Panda volunteers to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. Admittedly, the petitioners were taken into custody since 15.09.2025, but in the meantime, charge-sheet has already been submitted, however, the trial is yet to commence and there are 17 charge- sheeted witnesses and, therefore, the trial is not likely to be concluded in near future. It is, however, claimed that the petitioners are not having any criminal antecedents of similar nature for commission of offence under NDPS Act. In the peculiar facts and circumstances of this case, when there is no criminal antecedent of similar nature reported against the Petitioners, the petitioners would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act. 6. For the reason stated hereinabove and taking into account the pre-trial detention of the petitioners in custody with submission of charge-sheet in the meantime, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedents. 7. Hence, these two bail applications of the petitioners namely Sameer Kumar & Rajnish Kumar in BLAPL Nos. 3742 and 3755 of 2026 are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 8. Accordingly, these BLAPL Nos. 3742 and 3755 of 2026 stand disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Priyajit