Rama Chandra Bisoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5740 of 2022 Rama Chandra Bisoi ....

Petitioner Mr. R.L. Pattnaik, Advocate - Versus - State of Orissa ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

12.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 17.06.2022 in connection with Nabarangpur P.S. Case No.136 of 2021 corresponding to T.R. No.21 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Nabarangpur for the alleged commission of offence under Sections 20(b)(II)(C)/29 of NDPS Act.

4.

It is submitted that nothing was seized from the possession of the petitioner and he has been implicated on the basis of the statement of the co-accused. A reading of the FIR reveals that the co-accused persons, namely, Lakshman Dubey and Binaya Kumar Mahato disclosed the name of the petitioner and some other persons while they were in police custody.

5.

Considering the submissions as above and keeping in view the ratio laid down by the Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641, I am inclined to allow the prayer for bail. Let the petitioner

be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana