Orissa High Court
BLAPL/7062/2026 of BIKHYATA NAYAK Vs STATE OF ODISHA on 9 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7062 of 2026 CNR No. ODHC010429732026 Bikhyata Nayak … Petitioner Mr. S.K. Bhanjadeo, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):09.09.2026 1 01.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7062 of 2026
CNR No. ODHC010429732026
Bikhyata Nayak
…
Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha
…
Opposite Party
Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):09.09.2026
01.
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1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Sorada Excise Station PR No.28 of 2026-27 corresponding to 2(a)CC Case No.11 of 2026 (NDPS) pending in the Court of learned Additional Sessions Judge-Cum-Special Judge, Bhanjanagar, Dist-Ganjam, for commission of offence punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 31Kgs 100Grams of Contraband Ganja in a Hyundai Xcent Car bearing Regd. No.OD-33-6644.
3. Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner 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 petitioner, Mr. Bhanjadeo volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent for commission of offence under NDPS Act.
4. Admittedly, the petitioner was taken into custody on 09.05.2026, but in the meantime, PR has already been submitted, however, the trial is yet to commence and there is no immediate prospect of trial in near future. In the peculiar facts and circumstances of the case and on a consideration of materials placed on record together with the claim of the petitioner for not having any criminal antecedent of similar nature, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act.
5. For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act.
6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each 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 petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent for commission of offences under NDPS Act.
7. Accordingly, the BLAPL stands disposed of. 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
Subhasmita
Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Sep-2026 19:36:56 Signature Not Verified