Orissa High Court
CRLMC/3028/2026 of BHAGYABAN KANHAR Vs STATE OF ODISHA on 1 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3028 of 2026 CNR No. ODHC010633362026 Bhagyaban Kanhar ..... Petitioner Represented by Adv. - Bibhuti Ranjan Mohanty -versus- State Of Odisha ..... Opp. Party Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3028 of 2026
CNR No. ODHC010633362026
Bhagyaban Kanhar
.....
Petitioner
Represented by Adv. -
Bibhuti Ranjan
Mohanty
-versus-
State Of Odisha
.....
Opp. Party
Represented by Adv. –
P.K. Mohanty, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
01.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party. Perused the application as well as the prayer made therein.
3. The present Criminal Miscellaneous Case has been filed by the Petitioner with a prayer to quash the entire criminal proceeding initiated against them in connection with Kantamal P.S Case No.24 of 2025, corresponding to Special Case (NDPS) No.37 of 2025, pending in the court of learned Additional District & Sessions Judge-cum-Special Judge, Kantamal.
4. Learned counsel for the Petitioner, at the outset, contended that although the Petitioner has a very good case for quashing of the entire criminal proceeding, however, he does not want to press this application at this stage and seek permission to withdraw the same with liberty to raise all the points at the appropriate stage by filing
Page 2 of 2. an appropriate application.
5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for.
6. Further, taking into consideration the submission made by the learned counsel for the Petitioner that nothing has been recovered from the exclusive and conscious possession of the present Petitioner, as is evident from the seizure list under Annexure-2; and that the Petitioner is ready and willing to cooperate with the trial, without expressing any opinion on the merits of the matter, it is directed that if the Petitioner surrender before the court in seisin over the matter within four weeks from today and move an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the court in seisin over the matter shall take into consideration the fact that since nothing has been recovered from the exclusive and conscious possession of the present Petitioner, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and pass necessary order. The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 11:36:28 Signature Not Verified