Subrat Mahakul @ Mahakud Vs State of Odisha

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Banarpal P.S. Case No.229 of 2026 corresponding to C.T. (NDPS) Case No.23 of 2026 pending in the file of learned Special Judge, Angul on the grounds stated therein.

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Perused the FIR as at Annexure-1. Mr. Panda learned counsel for the petitioner submits that the accused has no other antecedent of similar nature. It is submitted that the alleged recovery has not been made from the petitioner but the accused, namely, Sarat Singh. With such submission, release of the petitioner is pleaded. Mr. Pattanaik, learned AGA for the State submits that the petitioner is the main accused and he is responsible for illegal transportation of contraband Ganja. The further submission is that the commercial quantity of contraband Ganja was transported by the petitioner. Referring

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to the confessional statement of the co-accused above named, it is also submitted by learned AGA for the State that at the instance of the petitioner, such transportation has taken place but it was intercepted by the police. Other than the confessional statement of the other accused, no other material is brought to the notice of this Court to show the nexus of the petitioner with the alleged transportation of Ganja. No doubt, commercial quantity of contraband Ganja has been seized from the vehicle intercepted. It is alleged in the FIR that the petitioner managed to flee, which is denied. Considering the above facts and that the petitioner is a local man and he has been implicated on the basis of a disclosure made by the other accused and no other incriminating material is placed on record, this Court pending investigation is inclined to direct him to surrender before the learned court below for being released with stringent conditions instead of entertaining his bail plea. Such is the view of the Court for absence of any other adverse materials produced except the confessional statement of the other accused and in view of the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2021) 4 SCC 1 .

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Accordingly, it is ordered.

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In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioner surrenders within a fortnight from today before the learned Special Judge, Angul in connection with Banarpal P.S. Case No.229 of 2026 corresponding to C.T. (NDPS) Case No.23 of 2026, he shall be released on bail subject to him furnishing a bail bond of

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Rs.50,000/- (Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, to cooperate the I.O. in the investigation without default. It is made clear that the above order shall not be acted upon if the petitioner is having similar antecedent.

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6. Issue urgent certified copy as per rules.

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(R.K. Pattanaik) Judge

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Alok

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 23-Jul-2026 11:52:50

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Subrat Mahakul @ Mahakud v. State of Odisha

Case brief

What is this about?

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Subrat Mahakul @ Mahakud v. State of Odisha

Case brief

What is this about?

What did the court decide?

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