Bholanath Sa @ Kunar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4060 of 2022 Bholanath Sa @ Kumar ....

Petitioner Mr. S.K.Jena, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

19.5.2022.

01.

1. This matter is taken up through hybrid 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 23rd April, 2022 in connection with Excise Station, Bhatli P.R. No.21/2022-23 corresponding to C.T. (Spl) Case No.25/2022 pending in the court of learned District and Sessions Judge-cum-Special Court, Bargarh for the alleged commission of the offence under Section 20(b)(ii)(B) of the N.D.P.S. Act.

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4. Considering the submissions made, the materials on record, the period of detention in custody and the fact that the seized contraband is less than commercial quantity being 11 kgs 600 grams of brown sugar, I am inclined to allow the prayer for bail.

5. Considering the submissions made, the materials on record and the period of detention of the Petitioner in custody, 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 trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge