Allowed

Kanha @ Bikram Behera v. State of Odisha

Orissa HC3 Feb 2022BLAPL/9205/2021

Case brief

AI extract

What is this about?

The High Court of Orissa, considering the petitioner's custody since 25.08.2021 in an NDPS case where no contraband was seized from him, allowed the bail prayer. The order directs the petitioner’s release on bail subject to terms to be fixed by the trial court.

What did the court decide?

Petitioner granted bail on terms to be fixed by the trial court, including personal appearance on each posting date.

Kanha @ Bikram Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 9205 of 2021

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Kanha @ Bikram Behera …. Petitioner

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Mr . Amlan Shakti Paul ,

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Advocate

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-Versus -

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State of Odisha Opposite Party

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….

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Mr. S.K. Mishra, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

03.02.2022

Order No.

This matter is taken up through virtual mode.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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The petitioner is in custody since 25.08.2021 in connection with Kharavelanagar P.S. Case No. 264 of 2021 corresponding to T.R. Case No. 360 of 2021 pending in the court of learned Sessions Judge, Khordha at Bhubaneswar for the alleged commission of offence under Sections 21(c)/29 of NDPS Act.

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Considering the submissions made and the fact that even as per the prosecution case nothing was seized from the possession of the petitioner and he has been implicated in the case on the basis of the statement of the co-accused persons from whom seizure of the contraband was made, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear

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before the trial court on each date of posting of the case without fail.

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The BLAPL is accordingly disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated vide Memo Nos. 514 and 515

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dated 7th January, 2022.

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( Sashikanta Mishra)
Judge

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B.C. Tudu

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Kanha @ Bikram Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kanha @ Bikram Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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