Allowed

Babulu Kumar Nishad v. State of Odisha

Orissa HC8 Jul 2026BLAPL/2110/2026

Case brief

AI extract

What is this about?

This bail application under Section 483 of BNSS was allowed. The Court admitted the petitioner to bail subject to verification of his criminal antecedents for offences under the NDPS Act, noting that the offence involved possession of contraband ganja.

What did the court decide?

Bail allowed subject to verification of criminal antecedent for NDPS offences and furnishing of Rs. 1,00,000 bond with two sureties for like amount.

Babulu Kumar Nishad Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2110 of 2026

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Babulu Kumar Nishad

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… Petitioner

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Ms. R. Singh, Advocate

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-versus-

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State of Orissa … Opposite Party

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Mr. R.B. Mishra, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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05.

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ORDER(ORAL):08.07.2026

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Inspector of Excise of Sadar Range, Angul PR No.65 of 2025-26 corresponding to CT (NDPS) Case No.26 of 2025 pending in the Court of learned Special Court under NDPS Act-Cum-Additional Sessions Judge, Angul, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 28Kgs of Contraband Ganja excluding the weight of jerry bag and waiting for the train at the platform. 3. Heard, Ms. Ranjita Singh, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Ms. Singh volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent for commission of offence under NDPS Act.

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Admittedly, the petitioner was taken into custody since 02.09.2025, but in the meantime, PR has already been submitted and two witnesses have already been examined. It is claimed that the petitioner is not having any criminal antecedent of similar nature. Besides, the trial is yet to be concluded. In the aforesaid facts and circumstances and taking into consideration the materials so placed on record together with the evidence of the witnesses, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act.

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For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each 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 petitioner, the benefit of this order shall not be

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extended to the petitioner, if he is found to have any criminal antecedent for commission of offences under NDPS Act.

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Accordingly, the BLAPL stands 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.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Jul-2026 16:24:49

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Babulu Kumar Nishad v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babulu Kumar Nishad v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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