Atana Mahar vs State Of Odisha

Sibo Sankar Mishra, J

The petitioner is an accused in connection with Ghantapada P.S. Case No. 56 of 2026 corresponding to Special (NDPS) Case No. 99 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 20(b)(ii)(C) of the NDPS Act, pending in the court of the learned Addl. Sessions Judge-cum-Special Judge, Kantamal.

The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge, Kantamal in Special (NDPS) Case No. 99 of 2026 praying for grant of bail. The learned Court below vide its order dated 20.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.

Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

The prosecution case as per the F.I.R. is that the informant M. C. Tikri, alleged that on 15.03.2026 while the he along with his staff were performing patrolling duty near Tel river bridge Chhaka Ghantapada at about 9 AM he notice that three Motorcycles were coming from Narayanprasad side towards Bolangir. They detained one motorcycle, but on seeing the police team from a distance the rider and the pillion rider of other two motorcycles tried to escape from the spot. Thereafter, they chased and could able to apprehend them. On verification, they found one jarry bag was kept in each motorcycles containing contraband ganja and they admitted that they are transporting the ganja for sale. After completion of the formalities of search and seizure of total 24 Kg of contraband excluding the weight of jarry bags, NDPS case has been initiated.

Drawing my attention to paragraph-8 of the bail application, Mr. Tripathy submits that the petitioner has no criminal antecedents. It is submitted that there is recovery of only 4 kg. of contraband ganja from the petitioner and petitioner has been in custody since 15.03.2026.

Learned counsel for the State opposed the prayer for bail.

Regard being had to the nature of allegation, the quantity of contraband ganja recovered and the custody of the petitioner since 15.03.2026, I am inclined to enlarge the accused-Petitioner on bail.

Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

(i) The petitioner shall appear before the I.I.C., of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months;

(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

(iii) He shall appear before the trial Court on each date on which the case is posted for trial;

(iv) He shall not tamper with the evidence in any manner whatsoever;

(v) He shall not commit any offence while on bail, and

(vi) He shall be released on bail subject to verification of similar type of antecedents.

In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

The BLAPL is accordingly disposed of.