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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sonepur PS Case No.56 of 2026 corresponding to Special GR Case No.08 of 2026 pending in the file of learned Special Judge, Sonepur for commission of offences punishable U/Ss.20(b)((ii)(C)/25/29 of the NDPS Act.
Heard, Mr. Jugala Kishore Panda, learned counsel for the Petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record.
The Petitioner has sought for bail on the ground of non-compliance of Sec. 47 of BNSS r/w Article 22(1) of the Constitution of India and in response to the plea of non-compliance of Sec. 47 of BNSS, the Arresting Officer was directed to respond such plea by way of an affidavit and accordingly, the Arresting Officer has filed his affidavit by stating inter-alia in paragraph 5 that unfortunately the written ground of arrest has not been communicated to the accused. In Mihir Rajesh Shah Vrs. State of Maharashtra; (2026) 1 SCC 500, the Apex Court has made it clear in paragraph 66.2 that the arrestee must be communicated with the grounds of arrest in writing in the language he/she understands. The judgment in Mihir Rajesh Shah was delivered on 06.11.2025, but the Petitioner herein was arrested on 17.02.2026 and thereby, there is clearly infraction of the provision of Sec. 47 of BNSS, which only enures to the benefit of the Petitioner.
Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety 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.
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.