BLAPL/2834/2026 of BHOLANATH RANA Vs STATE OF ODISHA on 31 August 2026

1. This is the bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with Phiringia PS Case No. 147 of 2022 corresponding to CT Case No.66 of 2022 pending in the Court of learned Special Judge, Phulbani for commission of offence punishable U/S. 20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 120 Kgs and 600 Grams of Contraband Ganja at a lonely place near village Revilada.

2. Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the Petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Bhanjadeo 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.

3. Admittedly, the petitioners were neither apprehended from the spot nor were they found in conscious possession of Contraband article, but they have been named in the FIR, however, they have voluntary surrendered in the Court and in the meantime, three witnesses have already been examined, but none of these three witnesses have testified against the Petitioners, even the Home Guard who was examined as PW3 testified in the Court that he does not remember who were the persons escaped from the spot. In the aforesaid facts and circumstances and on consideration of the materials placed on record together with the claim of the Petitioners for not having any criminal antecedent of similar nature, 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.

4. For the reason stated hereinabove and taking into account the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedent.

5. Hence, the bail application of the petitioners stands allowed and they are 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 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.

6. Accordingly, the BLAPL stands 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 Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 31-Aug-2026 19:22:12 Signature Not Verified