IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12475 of 2025 Chidananda Beero ..... Petitioner Represented by Adv. -

Dibyajyoti Sahoo -versus-

State Of Odisha ..... Opposite Party Represented by Adv. –

S.K. Parhi, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

17.12.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-

Opposite Party. Perused the materials placed before this Court.

3. The present bail application under Section 483 of B.N.S.S has been filed by the Petitioner for regular bail in connection with G.R Case No.55 of 2025(N), arising out of Pattapur P.S Case No.429 of 2025, pending in the Court of learned Sessions Judge- cum-Special Judge, Ganjam for alleged commission of offence punishable under Sections 20(b)(ii)C of the N.D.P.S Act.

4. It is submitted by the learned counsel for the Petitioner that that as per the allegation made in the FIR, a total quantity of 31 kg they were travelling in a scooty. Learned counsel for the Petitioner further submitted that taking into consideration the quantity of ganja that was recovered, which is disputed by the Petitioner at this stage it is questionable as to whether the bar under Section 37 of the N.D.P.S Act would be attracted to the facts of the present case or not. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of absconding and that the Petitioner does not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition that would be imposed by this Court.

5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation is serious and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

6. Having heard the learned counsels appearing for the respective parties and on a careful analysis of the surrounding facts and circumstances of the present case as well as the fact that 44 kgs investigation is at an advanced stage and that charge sheet is likely to be filed very soon and further considering the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees Thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter.

8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any of the conditions shall entail cancellation of the bail application.

9. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedents under the offences of NDPS Act, this bail order shall automatically stand revoked.

10. The BLAPL is, accordingly, disposed of.

( A.K. Mohapatra)

Judge Anil Signature Not V e r i f i e d Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Dec-2025 14:22:53