Disposed¶34

Raju Beero v. State of Odisha

Orissa HC5 Jan 2026BLAPL/13777/2025

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; BLAPL No. 13777 of 2025; Raju Beero v. State of Odisha; Justice Sibo Sankar Mishra; bail under Section 483 of BNSS, 2023; offence under Section 20(b)(ii)(C) N.D.P.S. Act; 24 kg ganja seized 21.11.2025 from jerry basta on motorcycle Regd. No. OD-20 B-5566 near Digapahandi; earlier bail rejection 03.12.2025 by Sessions Judge-cum-Special Judge, Ganjam; conditional bail granted on custody-period and contraband-quantity considerations; conditions incl. monthly I.I.C. reporting, jurisdiction restriction, antecedent verification; prosecution liberty to seek cancellation on violation.

What did the court decide?

Enlargement of the petitioner on bail by the learned Court in seisin over 2(a)CC Case No. 76 of 2025(N) on terms and conditions it deems just and proper, subject to six additional conditions imposed by this Court.

Raju Beero Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an accused for an offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act involving alleged recovery of 24 kg of ganja, should be enlarged on bail under Section 483 of BNSS, 2023 after rejection of his bail application dated 03.12.2025 by the learned Sessions Judge-cum-Special Judge, Ganjam.

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Court's answer

Taking into consideration the quantity of contraband recovered from the petitioner and his period of custody since 21.11.2025, the Court was inclined to enlarge the petitioner on bail.

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Ratio / Principle

The petitioner is directed to be released on bail by the learned Court in seisin over 2(a)CC Case No. 76 of 2025(N) on such terms and conditions as it deems just and proper, subject to six additional conditions: monthly reporting to the I.I.C. of the concerned Police Station on the last Sunday of each month between 10.00 A.M. and 12.00 Noon for at least three months; no leaving the jurisdiction of the trial Court till disposal of the trial; appearance before the trial Court on each date the case is posted for trial; no tampering with evidence; no commission of any offence while on bail; and release subject to verification of similar type of antecedents.

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Key takeaways

If the petitioner violates any bail condition imposed by this Court or the trial Court even on a single occasion, the prosecution may move an appropriate application before the Court below for cancellation of the concession of bail, and the trial Court shall decide such application on its own merit.ratio¶33

Detailed headnote1 paragraphs

Bail - N.D.P.S. Act, S. 20(b)(ii)(C) - BNSS, 2023, S. 483. Single Judge of the High Court of Orissa disposed of a bail application under Section 483 of BNSS, 2023 by enlarging the accused on bail in a case in which 24 kg of contraband ganja was allegedly seized from him on 21.11.2025 (jerry basta on a motorcycle near Digapahandi Agriculture Office); his earlier bail application had been rejected on 03.12.2025 by the learned Sessions Judge-cum-Special Judge, Ganjam. Considering the quantity of contraband and the period of custody since 21.11.2025, the Court directed release on terms fixed by the Court in seisin, with additional conditions: monthly reporting to the I.I.C. of the concerned Police Station (last Sunday, 10.00 A.M.-12.00 Noon, at least three months), no leaving the trial Court's jurisdiction till trial disposal, appearance on every trial date, no tampering with evidence, no fresh offence while on bail, and release subject to verification of similar type of antecedents (an affidavit disclosed one prior case, Mohana P.S. Case No. 114 of 2020 under IPC sections, with bail already granted). Violation of any bail condition even once entitles the prosecution to seek cancellation before the Court below, whose decision must rest on its own merit.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 13777 of 2025

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Raju Beero

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…. Petitioners Mr. J.K. Panda, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Ms. S. Devi, ASC

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order No.

01.

ORDER

05.01.2026

1 . The petitioner is an accused in connection with 2(a)CC Case No. 76 of 2025(N) arising out of P.R. Case No. 66 of 2025-26 registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act, pending in the Court of the learned Sessions Judge-cumSpecial Judge, Ganjam.

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The petitioner had approached the learned Sessions Judge-cum-Special Judge, Ganjam in 2(a)CC Case No. 76 of 2025(N) praying for grant of bail. The learned Court below vide its order dated 03.12.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.

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2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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Page 1 of 3

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3. The prosecution case is that on 21.11.2025 the informant and his staff saw a person on Digapahandi-Berhampur road near Digapahandi Agriculture Office moving by one red colour Hero Super Splendor motorcycle bearing Regd. No.OD-20 B- 5566 loaded with one jerry basta, wherein smell of ganja was coming out. After verification of the said basta, they found ganja and on weighment the jerry basta, contraband ganja of 24 kg. was found therein.

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4. Learned counsel for the petitioner submits that total 24 kg of ganja has been allegedly recovered from the present petitioner. The petitioner has been in custody since 21.11.2025 and the petitioner has no criminal antecedent.

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5. The wife of the petitioner has filed a comprehensive affidavit on 05.01.2026, inter alia, disclosing as under:-

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“7. That the petitioner/husband has one criminal antecedents excluding this case. I am wife of the petitioner is filing herewith this comprehensive affidavit on behalf of the petitioner in mentioning the particulars:-

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i. Mohana P.S. Case No. 114 of 2020 for the offence punishable under Sections 147/148//294/323/ 324/326/307/506/341/149 of IPC, he was released on bail by the learned court below.”

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6. Taking into consideration the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 21.11.2025, I am inclined to enlarge the petitioner on bail.

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7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

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(i) The petitioner shall appear before the I.I.C. of the

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Page 2 of 3

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concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months;

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(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

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(iii) He shall appear before the trial Court on each date on which the case is posted for trial;

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(iv) He shall not tamper with the evidence in any manner whatsoever;

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(v) He shall not commit any offence while on bail, and

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(vi) He shall be released on bail subject to verification of similar type of antecedents.

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In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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8. The BLAPL is accordingly disposed of.

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Judge

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Ashok

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 06-Jan-2026 18:05:42

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Raju Beero v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raju Beero v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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