Binod Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3785 of 2022 Binod Mandal ....

Petitioner Mr. R.L.Patnaik, Advocate -versusState of Odisha ....

Opposite Party Mr. P.Pattnaik, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.8.2022.

02.

1. This matter is taken up through virtual mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 4th April, 2021 in connection with Malkangiri P.S.

Case No.207/2019 corresponding to T.R. Case No.106/2019 pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act read with Section 25 of the Arms Act.

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4. This is the successive bail application filed by the Petitioner after his earlier application was rejected by this Court. The present application is filed on the purported change in circumstance to the effect that the co-accused, who stands on the same footing has been released on bail. It is further submitted that the co-accused (Sushanta Mandal), has been granted bail by this Court in BLAPL No.6426/2021 specifically taking note of the fact that he was implicated on the basis of the statement of the co-accused and nothing has been seized from his possession. The Petitioner stands exactly on the same footing.

5. Considering the above facts, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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