Golaka Bihari Bisoyi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10207 of 2022 Golaka Bihari Bisoyi & Another ....

Petitioners Mr. S.K. , Advocate -versusState of Odisha ....

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

ORDER

04.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in connection with Spl. G.R. Case No.37 of 2022, pending in the Court of the learned Additional Sessions Judge-cum- Special Judge, Bhanjanagar, Ganjam, arising out of Sorada P.S. Case No.303 of 2022, for alleged commission of offences under Section 20(b)(ii)(B) of the N.D.P.S. Act. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Bhanjanagar, Ganjam, by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Admittedly since the quantity of the contraband (Ganja) is to the tune of 17Kgs which is less than the commercial quantity as

prescribed and the petitioners are in custody since 26.09.2022, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 7.

While releasing the petitioners on bail, the learned court in seisin over the matter shall verify assertion regarding criminal antecedent of the petitioners. If it comes to the fore that the petitioners have 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 rule. (V. NARASINGH) Judge Ayesha