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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10019 of 2025

Satya Prakash Singha …. Petitioner

Mr.Amulya Ratna Panda,Advocate

-versus-

State of Odisha …. Opp. Party

Mr. S.C. Pradhan, ASC

CORAM: JUSTICE SIBO SANKAR MISHRA

Order ORDER

No. 23.12.2025

02.

1. The petitioner is an accused in connection with

District Mobile Unit Excise P.R. No.69 of 2025-26

corresponding to Special Case No.145 of 2025 for the

offence punishable under Section 21(b) of the N.D.P.S.

Act, pending in the Court of the learned Sessions

Judge-cum-Special Judge, Balasore. The petitioner

had approached the learned Special Judge, Balasore

in Special Case No.145 of 2025 praying for grant of

bail. The learned Court below vide its order dated

16.09.2025 rejected the bail application of the

petitioner. Being aggrieved, the petitioner has filed the

present petition under 483 of BNSS, 2023 praying for

enlargement on bail.

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2. Learned counsel for the petitioner, on instruction

from the petitioner, submits that except the present

bail application, no other bail application of the

petitioner is pending in any other Court relating to the

aforesaid F.I.R.

3. The prosecution case is that on 24.05.2025 at

about 6.00 A.M., when the informant along with his

other Excise staffs were performing patrolling duty,

they could notice that one person was standing at

Aradabazar Chhak holding a small plastic box (Daba)

suspiciously. Seeing the patrolling party members, the

accused person tried to flee away from the spot.

However, the patrolling team could able to detain him.

On being asked, he disclosed that he is the present

petitioner. On search, they seized 115 grams of brown

sugar from the possession of the petitioner. Hence, the

F.I.R.

4. The petitioner has filed a comprehensive affidavit

dated 23.12.2025 before this Court, inter alia,

enumerating the number of cases pending against

him, paragraph-4 of which reads thus:

“4. Statement of Facts

That as per the instruction the petitioner is

involved in the following cases:

(i) Khantapada P.S. Case No.334 of 2024

pending before the learned J.M.F.C.(R),

Balasore pertaining offence under

Section 333, 296, 115(2), 74, 324(2),

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303(2), 351(3), 3(5) of B.N.S. 2023 in

which he was on bail.

(ii) Khantapada P.S. Case No.35 of 2025

corresponding to C.T. No.429 of 2025

pending before the learned J.M.F.C.(R),

Balasore pertaining offence under

Section 281, 125-A, 125-B of B.N.S.

2023 in which he was on bail.”

5. Mr. Panda, learned counsel for the petitioner

submits that in two cases, in which the petitioner is

involved, are not similar cases involving the offence

under the N.D.P.S. Act. He further submits that in this

case, 115 grams of brown sugar has been allegedly

recovered from the petitioner, which is less than the

commercial quantity.

6. The petitioner has been languishing in the jail

custody since 24.05.2025 and the final P.R. was filed

in the present case on 15.07.2025.

7. Regard being had to the quantity of brown sugar

recovered from the petitioner and the period of custody

of the petitioner since 24.05.2025, I am inclined to

enlarge the petitioner on bail.

8. Hence, the petitioner is directed to be released on

bail by the learned Court in seisin over the matter in

the aforesaid case on such terms and conditions as it

would deem just and proper, subject to the following

additional conditions:

(i) The petitioner shall appear before the I.I.C. of

the concerned Police Station on every Sunday between

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10.00 A.M. and 12.00 P.M. for at least three months;

(ii) He shall not leave the jurisdiction of the trial

Court till the disposal of the trial;

(iii) He shall appear before the trial Court on each

date on which the case is posted for trial;

(iv) He shall not tamper with the evidence in any

manner whatsoever;

(v) He shall not commit any offence while on bail,

and

(vi)He shall be released on bail subject to

verification of similar type of antecedents.

In the event the petitioner is found wanting for

violation of any of the bail conditions imposed by this

Court or