Polu @ Subir Mahato Vs State of Odisha

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

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These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Keonjhar Sadar PS Case No.62 of 2025 corresponding to Special Case No.03 of 2025 pending in the file of learned Sessions Judge-Cum-Special Judge, Keonjhar, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 80Kgs 110Grams of Contraband Ganja in two Cars bearing Regd. Nos.WB-16-AY-1437 and WB-16-BF-7691, along with co-accused person.

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Heard, Mr. Kishore Kumar Mishra, learned counsel for the petitioner in BLAPL No.1871 of 2026; Mr. H.K. Mohanta, learned counsel for the petitioner in BLAPL

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No.3179 of 2026 and Mr. S.C. Pradhan, learned Additional Public Prosecutor in these matters and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Mishra and Mr. Mohanta volunteer to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act.

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Admittedly, the petitioners have been detained in custody since 05.02.2025, but the trial is yet to be concluded and only 13 out of 32 charge-sheeted witnesses have been examined and, therefore, the trial would take some more time. Further, it is submitted that the witnesses examined so far have not clarified as to the quantity of Contraband Ganja allegedly recovered from each of the vehicles, but it is also not known as to in which Car the petitioners were travelling, however, there are six persons detained in this case. It is also claimed that the petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of conclusion of trial, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he/they is/are not having any criminal antecedent of similar nature for commission of offences under NDPS Act.

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For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioners in custody including grant of bail to co-accused Puchu @ Sourav Das in BLAPL No.9569 of 2025, this Court without

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expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent for similar nature under the NDPS Act.

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Hence, these two bail applications of the petitioners namely Polu @ Subir Mahato (In BLAPL No.1871 of 2026) and Bubai @ Gopal Bose (In BLAPL No.3179 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

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In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act.

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Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

(G. Satapathy)

Judge

Subhasmita

Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Jul-2026 20:32:54

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Polu @ Subir Mahato v. State of Odisha

Case brief

What is this about?

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Polu @ Subir Mahato v. State of Odisha

Case brief

What is this about?

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