Pravat Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7743 of 2022 Pravat Patra ....

Petitioner Mr. S.C. Atabudhi, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

02.11.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and the learned counsel for the State.

3.

The Petitioner is an accused in connection with T.R Case No.292 of 2022, pending on the file of the learned Sessions Judge, Khurda, Bhubaneswar, arising out of Khandagiri P.S. Case No.389 of 2022 for the alleged commission of offence under Sections 21(b) of the N.D.P.S. Act..

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge, Khurda, Bhubaneswar by order dated 04.08.2022, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioner that since the Petitioner is in custody since 29.07.2022 and the charge

sheet has been filed on 28.09.2022, further continuance of the Petitioner in custody is unwarranted.

6.

Considering that the contraband seized (brown sugar) is to the tune of 10 grams, which is less than the commercial quantity and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

7.

The BLAPL thus stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge PKS