Durgesh Kumar Meena Vs State of Odisha

No.14/2025-26 of Excise Station, Rayagada corresponding to T.R. Case No.16 of 2025 registered on the allegation of the commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of the learned District & Sessions Judge-cumSpecial Judge, Rayagada.

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3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 28.10.2025 has rejected the bail application of the petitioner.

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Being aggrieved, the petitioner has filed the present petition under

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Section 483 of B.N.S.S., 2023 praying for enlargement on bail.

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4. Learned counsel for the petitioner, on instruction from the

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petitioner, submits that, except the present bail application, no other

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bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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5. The prosecution case, as revealed from the F.I.R. lodged by the informant, namely the Sub-Inspector of Excise, Rayagada Police Station , is that on 21.04.2025 at about 9.00 P.M., while he along with his staff was performing patrolling duty at Rayagada Railway Station , they noticed two persons carrying three jeri bags, one bag in the right hand of one person, another bag in the left hand of the other person, and the third bag being carried jointly by both of them. Suspecting their movements, the informant and his staff detained the said persons. On inspection, a strong smell of ganja was emanating from the bags. Upon being questioned, the accused persons disclosed their names and identities. Thereafter, on search of the bags, the informant recovered 43 kg. 300 grams of contraband ganja from the possession of the said two persons. After observing all statutory and procedural formalities, the accused persons were arrested and the contraband articles were seized. Hence, the case.

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6. Learned counsel for the petitioner submits that earlier the co-accused, Navin Kumar Meena had approached this Court by filing BLAPL No.13465 of 2025. The coordinate Bench of this

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Court vide order dated 23.12.2025 enlarged him on bail. Therefore, he seeks parity. The petitioner is in custody 21.04.2025.

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7. Learned counsel for the State submits that 43 kgs 300 grams of contraband ganja was allegedly seized from the possession of the petitioner, which is more than the commercial quantity, therefore, barred under Section 37 of the N.D.P.S. Act. He also submitted that the petitioner is an outsider and resident of Rajasthan. Therefore, he opposed the prayer for bail on the ground that affidavit has not been filed disclosing the permanent address and the particulars of local surety to be furnished.

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8. Regard being had to the period of custody from 21.04.2025 the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet been commenced, I am inclined to admit the petitioner on bail.

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Hence, the petitioner is directed to be released on bail by the 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 report before the concerned Police Station being physically present once a month on last Sunday

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of every month for six months.

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(ii) He shall not leave the jurisdiction of the trial Court till 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 file a comprehensive affidavit disclosing his permanent address, particulars of local surety, criminal antecedent etc. to be verified by the learned trial Court.

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(v) He shall be released on bail subject to verification of the authenticity of contents of the affidavit filed before this Court,

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(vi) He will submit his original Aadhaar Card for verification.

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To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally, it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Hanuman Nagar Police Station, District-Bhilwara, State-Rajasthan. If it comes to the fore that

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the petitioner has any criminal antecedent, the Court below shall take

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into consideration the same while imposing condition.

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Violation of any of the conditions shall entail consideration

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for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.

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9. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Jan-2026 16:22:36

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Durgesh Kumar Meena v. State of Odisha

Case brief

What is this about?

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Durgesh Kumar Meena v. State of Odisha

Case brief

What is this about?

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