Saroj Kumar Patra @ Bapuni v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10174 of 2022 Saroj Kumar Patra @ Bapuni ....

Petitioner Mr. B.K. Behera, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

03.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in T.R. Case No.394 of 2022, pending in the file of learned District and Sessions Judge, Khurda, At-Bhubaneswar, arising out of Lingaraj P.S. Case No.237 of 2022, for alleged commission of offence under Sections 20(b)(ii)(B) of the NDPS Act and is in custody since 19.09.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned District and Sessions Judge, Khurda At-Bhubaneswar, by order dated 10.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Since the seizure of the contraband (ganja) to the tune of 5 Kgs 500gms is admittedly less than the commercial quantity as

prescribed, 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.

While enlarging the petitioner on bail the learned court below shall verify assertion regarding his criminal proclivity of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent this order shall stand recalled. 8.

Accordingly, the BLAPL stands disposed of.

9.

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