Ranjit Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Ranjit Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with 2(a) CC Case No.25 of 2024 arising out of Phulbani Sadar Excise PR No.152 of 2024-25, 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, Phulbani, reporting to the IO once in a fortnight until investigation concludes, and release upon verification and absence of antecedent of similar nature; the BLAPL disposed of.

Issue for consideration

Whether the petitioner should be released on bail under Section 483 BNSS in connection with 2(a) CC Case No.25 of 2024 arising out of Phulbani Sadar Excise PR No.152 of 2024-25. +1 more

Court's answer

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with 2(a) CC Case No.25 of 2024 arising out of Phulbani Sadar Excise PR No.152 of 2024-25.

Ratio / Principle

Bail granted because the seizure was slightly above the commercial quantity, substantial part of the investigation was understood to be over, and the petitioner had no other criminal antecedent.

Key takeaways

Release made 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, Phulbani, who may impose such other suitable conditions as deemed just and proper.ratio¶25
Additional condition: the petitioner shall report to the IO once in a fortnight for the purpose of investigation, till the same is concluded.ratio¶25
The release of the petitioner shall be upon verification and absence of antecedent of similar nature.

Detailed headnote1 paragraphs

Bail application under Section 483 BNSS allowed: petitioner Ranjit Pradhan, accused in 2(a) CC Case No.25 of 2024 pending before the learned Special Judge, Phulbani, arising out of Phulbani Sadar Excise PR No.152 of 2024-25, ordered released on bail where 21 kgs of contraband Ganja - slightly above the commercial quantity - were seized from two accused persons and the petitioner, said to be present at the spot, had no other criminal antecedent of similar nature, despite the State's objection regarding commercial quantity. Conditions imposed: bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Phulbani; reporting to the IO once in a fortnight until investigation concludes; and release upon verification and absence of antecedent of similar nature.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.332 of 2025

Ranjit Pradhan

…. Petitioner

Mr. A.R. Panda, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order

15.01.2025

No.

Heard Mr. Panda, learned counsel for the petitioner and

State.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with 2(a) CC Case No.25 of 2024 pending in the file of learned Special Judge, Phulbani corresponding to Phulbani Sadar Excise PR No.152 of 2024-25 on the grounds stated.

Gone through the PR as at Annexure-1 and rejection order i.e. Annexure-2.

According to Mr. Panda, learned counsel for the petitioner, two persons have been implicated in so far as the recovery is concerned and it is in respect of 21 kgs of contraband Ganja and having regard to the fact that the present accused is having no other criminal antecedent of similar nature, he should be allowed to go on bail subject to any conditions. An objection is received from Mr. Pradhan, learned ASC for the State since commercial quantity of Ganja is recovered.

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Gone through the contents of the PR i.e. Annexure-1. Such recovery and seizure are shown in respect of the Ganja from both the accused persons. The petitioner said to be present at the spot when such recovery was made. Having regard to the above facts and since the seizure is in respect of slightly above the commercial quantity and under the impression that substantial part of investigation to be over and the petitioner having no other criminal antecedent, the Court is inclined to release him on bail subject to following conditions.

6. Accordingly, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with 2(a) CC Case No.25 of 2024 arising out of Phulbani Sadar Excise PR No.152 of 2024-25 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, Phulbani, who shall be at liberty to impose such other suitable conditions as deemed just and proper besides one more conditions, such as, he shall report to the IO once in a fortnight for the purpose of investigation, till the same is concluded. The Court further directs that such release of the petitioner shall be upon verification and absence of antecedent of similar nature.

8. The BLAPL is disposed of.

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

(R.K. Pattanaik) Judge Signature Not Verified TUDU Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC, CUTTACK Date: 16-Jan-2025 13:47:38 Page 2 of 2

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