Subrat Kumar Patra vs State Of Odisha

Savitri Ratho, J

This is the third application of the petitioner in connection with OIC of Excise Khordha Station P.R. Case No. 38 of 2023-24 corresponding to T.R. Case No. 103 of 2023 pending in the Court of the learned 1st Addl. Sessions Judge -cum- Special Judge under NDPS Act, Khordha registered against the petitioner for commission of offence punishable under Section 21(b) of NDPS Act.

The  prayer  for  bail  of  the  petitioner  in  BLAPL  No. 11538 of 2023 had been rejected by this Court on 17.10.2023 permitting the petitioner to move the learned court below for bail afresh after completion of investigation.

BLAPL No. 13916 of 2023 had been filed before this Court after his prayer for bail was rejected by the learned court below after completion of investigation.

Considering the quantity of brown sugar seized from the petitioner which is 45 grams, the submissions that the petitioner does not have any criminal antecedents and investigation had been completed in the meanwhile, the prayer for bail of the petitioner had been allowed on 02.01.2024 in BLAPL No. 13916 of 2023 subject to verification of his criminal antecedents.

The learned First Additional Sessions Judge, Incharge, Khordha refused to release the petitioner on bail, as after investigation it was found that the petitioner had one criminal antecedent which is Khordha Model P.S. Case No. 144 of 2022 registered under Sections 394 and 411 of the IPC.

Mr. Rohit Ranjan Ray, learned counsel for the petitioner submits that as the petitioner was in custody, the correct details regarding his criminal antecedents could not be obtained for which an incorrect submissions have been made before this Court that the petitioner does not have any criminal antecedents. He further submits that the petitioner is in custody since 27.09.2023. Khordha Model P.S. Case No. 144 of 2022 is under Sections 394 and 411 of the IPC where the petitioner has been released on bail and as it is not under the NDPS Act he may be directed to be released on bail.

Mr. S.S. Mohapatra, learned Additional Standing Counsel submits that the stringent conditions may be imposed so that the petitioner does not indulge in further criminal activities.

Considering the fact that the prayer for bail of the petitioner had earlier been allowed in BLAPL No. 13916 of 2023 and as his antecedent is not one under the NDPS Act, I direct that the petitioner-Subrat  Kumar  Patra  shall  be  released  on  bail  on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not tamper or try to influence prosecution witnesses while on bail.

(iii) He will report before the Khordha Town Police Station, once a month preferably on a Sunday between 3.00 p.m. to 5.00 p.m. for a period of six months or till completion of trial whichever is earlier.

(iv) He will remain present in the trial Court on each date it is fixed for trial.

The BLAPL is accordingly disposed of.

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

Copy of this order be supplied to Mr. S.S. Mohapatra, learned Additional Standing Counsel for onward transmission to the Khordha Town Police Station..

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