Madhab Naik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Madhab Naik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released in connection with P.R. Case No.232 of 2024-25 of OIC, Excise, Khariar / Special Act Case No. 49 of 2024 upon furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Nuapada; Special Judge to impose other suitable conditions including an undertaking before the I.O. at the P.S. not to be involved in similar criminal activities while on bail; BLAPL disposed of.

Issue for consideration

Whether the petitioner should be released on bail under Section 483 of B.N.S.S., 2023 in connection with P.R. Case No.232 of 2024-25 of OIC, Excise, Khariar corresponding to Special Act Case No. 49 of 2024 (incident involving recovery/seizure of cough syrup bottles), despite his admitted criminal antecedents.

Court's answer

Having regard to the facts and submissions, the Court is of the view that the petitioner, who has been in custody since 24th December, 2024 (and admittedly has criminal antecedents), should be allowed to go on bail subject to stringent conditions, as a substantial part of the investigation appears to be over.

Ratio / Principle

The petition under Section 483 of B.N.S.S. stands allowed; the petitioner is directed to be released on bail in connection with P.R. Case No.232 of 2024-25 of OIC, Excise, Khariar corresponding to Special Act Case No. 49 of 2024, subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Nuapada, who shall impose such other suitable conditions, including submission of an undertaking before the I.O. concerned at the P.S. not to be involved in any other similar criminal activities while on bail.

Detailed headnote1 paragraphs

Bail – grant under Section 483, B.N.S.S., 2023 – excise matter involving recovery/seizure of cough syrup bottles (P.R. Case No.232 of 2024-25, OIC, Excise, Khariar, corresponding to Special Act Case No. 49 of 2024, before learned Special Judge, Nuapada) – earlier bail application rejected (Annexure-2) – petitioner Madhab Naik admittedly having criminal antecedents, in custody since 24th December, 2024 – final P.R. yet to be submitted; one other accused arrested and in judicial custody – substantial part of investigation appears over – bail allowed subject to stringent conditions: bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Nuapada; further suitable conditions including undertaking before the I.O. at the P.S. not to be involved in similar criminal activities while on bail – BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 226 of 2025

Madhab Naik

…. Petitioner

Mr. Brahmananda Tripathy, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. R.Pradhan, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

09.01.2025

Order No.

Heard learned counsel for the petitioner and Mr. Pradhan, learned ASC for the State.

Instant petition under Section 483 of B.N.S.S., 2023 is filed for release of the petitioner on bail in connection with P.R. Case No.232 of 2024-25 of OIC, Excise, Khariar corresponding to Special Act Case No. 49 of 2024 pending in the file of learned Special Judge, Nuapada on the grounds stated.

Gone through the P.R. as at Annexure-1 and allegations made therein.

4. Perused the rejection order i.e. Annexure-2.

The petitioner is admittedly having criminal antecedents. Mr. Tripathy, learned counsel for the petitioner submits that the final P.R. is yet to be submitted. The recovery and seizure is with regard to cough syrup bottles of good quantity so revealed from Annexure-1. One more arrest has been carried out in respect of the incident and the other accused is in judicial custody as further informed. Having regard to the above facts and submissions of

Page 1 of 2

learned counsel for the respective parties, the Court is of the view that the petitioner, who has been in custody from 24^th December, 2024, should be allowed to go on bail subject to stringent conditions as substantial part of investigation appears to be over.

6. Accordingly, it is ordered.

In the result, the petition under Section 483 of B.N.S.S. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with P.R. Case No.232 of 2024-25 of OIC, Excise, Khariar corresponding to Special Act Case No. 49 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Nuapada, who shall impose such other suitable conditions besides the following, such as, he shall submit an undertaking before the I.O. concerned at the P.S. for not to be involved in any other similar criminal activities, while on bail.

The BLAPL is disposed of.

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

kabita

(R.K. Pattanaik) Judge

Signature Not Verified

Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC,CUTTACK Date: 13-Jan-2025 18:34:38

Page 2 of 2