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Judgment
G. Satapathy, J.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Orient P.S. Case No. 150 of 2026 corresponding to Crl. T.(Special) Case No. 31 of 2026 pending in the file of learned District & Sessions Judge-cum-Special Judge, Jharsuguda, for commission of offence punishable U/S.20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of possessing 27Kgs 65Grams of Contraband Ganja.
Heard Mr. Sk. Zafarulla, learned counsel for the petitioner in BLAPL No. 6342 of 2026; Mr.Ranjan Kumar Nayak, learned counsel for the petitioner in BLAPL No. 6537 of 2026 and Mr. R.B.Mishra, learned Addl. PP in both matters and perused the record.
According to the submission of Mr.Zafarulla, although the petitioner-Bachu @ Mrinalkanti Bhoi has been implicated in this case, but he was in custody in connection with Orient PS Case No. 83 of 2026 at the relevant time of registration of the present case and thereby, the allegation against the petitioner is out and out false. Further, Mr.Zafarulla brings it to the notice of the Court that the petitioner has disclosed his criminal antecedents in Paragraph-9 of his bail application which are listed hereunder:-
“(i)Orient PS Case No. 109 of 2026 U/S. 20(b)(ii)(A) of the NDPS Act read with Sec. 47(A) of Bihar & Orissa Excise Act,
(ii)Orient PS Case No. 91 of 2015 U/S. 47(A) of Bihar & Orissa Excise Act,
(iii)Orient PS Case No. 140 of 2020 U/S. 20(b)(ii)(B) of the NDPS Act,
(iv)Orient PS Case No. 83 of 2026 U/S. 20(b)(ii)(B) of the NDPS Act.”
On the other hand, the petitioner-Jogendra Kisan was taken into custody on 16.05.2026 on the allegation of possessing 27Kgs 65Grams of Contraband Ganja, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence and there are 25 charge sheeted witnesses and, therefore, the trial would take some time. Further, it is claimed for the petitioner-Jogendra Kisan that he is not having any criminal antecedent.
In the aforesaid facts and circumstance and considering the materials placed on record together with the claim of the petitioner- Jogendra Kisan for not having any criminal antecedent and the claim of the petitioner-Bachu @ Mrinalkanti Bhoi for being implicated in this case when he was in custody, the petitioners would be considered to have satisfied the conditions of Sec. 37 of NDPS Act, if petitioner- Jogendra Kisan is not having any criminal antecedent and the petitioner- Bachu @ Mrinalkanti Bhoi is not having any more criminal antecedent except the cases referred to above.
For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this Court without expressing any view on merit, admits each of the petitioners to bail, but subject to verification of their criminal antecedents for not being involved in any other cases except the cases noted above.
Hence, these two bail applications of the petitioners namely Bachu @ Mrinalkanti Bhoi (BLAPL No. 6342 of 2026) and Jogendra Kisan (BLAPL No. 6537 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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.
The benefit of the order shall not be extended to the petitioner- Jogendra Kisan, if he is having any criminal antecedent for similar nature. Similarly, the benefit of the order shall not be extended to the petitioner- Bachu @ Mrinalkanti Bhoi, if he is having more criminal antecedents than the cases as referred to in paragraph-3.
Accordingly, both the BLAPLs stand 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.