Swastik Kumar Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 12107 of 2022

1. Swastik Kumar Patra

2. Jyotiranjan Palai ....

Petitioners Mr. A. Satapathy, Advocate -versusState of Odisha .... Opp. Party Mr. Prasanna Kumar Mohanty Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.503 of 2022 arising out of Chandrasekharpur P.S. Case No.432 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, Khurda at Bhubaneswar for offences punishable under sections 21(b)/27/29 of the N.D.P.S. Act.

The prayer for bail of the petitioners was rejected by the learned Sessions Judge, Khurda at Bhubaneswar vide

// 2 // order dated 17.11.2022.

Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 12.11.2022 and the brown sugar seized in the case from the possession of the co-accused is six grams and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and investigation has made substantial progress on hearing the learned counsel for the State, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

Accordingly, the BLAPL is disposed of.

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

( S.K. Sahoo) Judge RKM