Allowed¶36

Minaketan Behera @ Mitu v. State of Odisha

Orissa HC8 Apr 2024BLAPL/1470/2024

Case brief

AI extract

What is this about?

Bail under S.439 Cr.P.C.; NDPS Act S.21(c) & 29; Arms Act S.25/27/35; T.R. Case No.439 of 2023; Special Crime Unit P.S. Case No.05 of 2023; brown sugar 283 grams total, 10 grams attributed to petitioner; first offender; charge sheet filed 26.12.2023; custody since 20.08.2023; parity with co-accused released 07.02.2024 in BLAPL No.571 of 2024; bail granted subject to antecedent verification and monthly police-station reporting; High Court of Orissa; Justice V. Narasingh.

What did the court decide?

Release of the Petitioner on bail on terms to be fixed by the learned Court in seisin, subject to verification of criminal antecedents; bail order inoperative if any criminal antecedent surfaces; monthly appearance before jurisdictional police station till conclusion of trial with certification to the Court in seisin. ¶36

Minaketan Behera @ Mitu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, in custody since 20.08.2023 in T.R. Case No.439 of 2023 (S.21(c) & 29 NDPS Act read with S.25/27/35 Arms Act), whose charge sheet was filed on 26.12.2023 attributing to him a seizure of 10 grams of brown sugar, is entitled to bail, having regard to the release of the co-accused by this Court on 07.02.2024 in BLAPL No.571 of 2024.

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Court's answer

Taking into account the nature of accusation, the recitals in the charge sheet qua the Petitioner (seizure of 10 grams brown sugar, one mobile phone and Rs.1000/-), and the release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin, subject to verification of criminal antecedent.

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Ratio / Principle

If it comes to fore that the Petitioner has criminal antecedent of any nature, the bail order shall not be given effect to.

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Key takeaways

As an additional direction, the Petitioner shall appear before the jurisdictional police station once every month on date and time fixed by the learned Court in seisin till conclusion of trial, with certification of such appearance to be submitted to the Court in seisin.ratio¶35

Detailed headnote1 paragraphs

Bail granted — NDPS/Arms case (Orissa HC, 08.04.2024, V. Narasingh, J.) — Petitioner Minaketan Behera @ Mitu, in custody since 20.08.2023 in T.R. Case No.439 of 2023 (arising out of Special Crime Unit P.S. Case No.05 of 2023; alleged offence under Section 21(c) & 29 NDPS Act read with Section 25/27/35 Arms Act); earlier bail refused U/s.439 Cr.P.C. by 3rd Addl. Sessions Judge, BBSR on 09.02.2024; charge sheet filed 26.12.2023; charge sheet qua Petitioner records seizure of 10 grams brown sugar, one VIVO mobile phone and Rs.1000/-, while total alleged contraband was 283 grams; co-accused released by this Court on 07.02.2024 in BLAPL No.571 of 2024 — Court directs release on bail on terms to be fixed by the trial court, subject to verification of criminal antecedents; order not to be given effect if any antecedent surfaces; monthly police-station appearances till conclusion of trial with certification to the Court.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1470 of 2024

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Minaketan Behera @ Mitu …. Petitioner

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Mr. A.S. Paul, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. S. Pattnaik, AGA

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CORAM: JUSTICE V. NARASINGH

ORDER

08.04.2024

Order No.

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

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The Petitioner is an accused in connection with T.R. Case No.439 of 2023 pending on the file of learned District and Sessions Judge, Khurda, arising out of Special Crime Unit P.S. Case No.05 of 2023 for commission of alleged offence under Section 21(c) & 29 of the NDPS Act read with Section 25/27/35 of Arms Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3^rd Addl. Sessions Judge, BBSR by order dated 09.02.2024 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 3

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It is submitted by the learned counsel that the Petitioner is in custody since 20.08.2023 on the accusation of possessing contraband (brown sugar) to the tune of 283 grams.

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It is submitted by the learned counsel that since the charge sheet has already been filed on 26.12.2023 and the Petitioner is the first offender and the seizure from the Petitioner is to the tune of 10 grams, he ought not to be made liable for the entire contraband seized.

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To fortify the submission, learned counsel for the Petitioner takes this Court through the charge sheet qua the Petitioner, which read as under:

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“xxx xxx xxx

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Accused Minaketan Behera the following contraband

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and article were seized

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One mobile phone of VIVO model

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Cash of Rs.1000/-

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10 grams of broun Sugar marked as Exhibit-B”

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xxx xxx xxx”

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Relying and referring to the same, it is submitted that the Petitioner is entitled to be release on bail.

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Learned counsel for the State opposes the prayer for bail on the basis of the order of rejection and submits that since all of them were going together, bifurcation as being advanced cannot be pressed into service at this stage and the reference to individual in the charge sheet is only for the purpose of convenience. As such, it does not in any way absolve the Petitioner from complicity.

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Learned counsel for the Petitioner also relies on the order dated 07.02.2024 passed by this Court in respect of the co-accused

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Page 2 of 3

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in BLAPL No.571 of 2024 and seeks release inter alia on the ground of parity.

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Taking into account the nature of accusation and the recitals in the charge sheet qua the Petitioner extracted hereinabove and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

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If it comes to fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2024 19:10:05

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Page 3 of 3

Minaketan Behera @ Mitu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Minaketan Behera @ Mitu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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