Pratap Kumbhar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

Pratap Kumbhar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Both BLAPLs disposed of by a common order: Petitioners Pratap Kumbhar, Chandramani Nag and Atulya Meher directed to be released on bail on terms to be fixed by the learned Court in seisin, subject to verification of criminal antecedents of similar nature (order ineffective if such antecedents surface) and to monthly appearance before the jurisdictional police station till conclusion of trial.

Issue for consideration

Whether the Petitioners, accused under Sections 20(b)(ii)(C) of the NDPS Act after alleged seizure of 27 kg of gancha/ganja and opposed by the State on the twin bar of Section 37(1)(b)(ii) of the NDPS Act, are entitled to release on bail, given their custody since 04.08.2025 and the earlier release of co-accused Aswin Meher @ Ashwin on parity.

Court's answer

Taking into account that the Petitioners are in custody since 04.08.2025 and the release of the co-accused, this Court directs that the Petitioners shall be released on bail on such terms to be fixed by the learned Court in seisin, subject to verification of criminal antecedents of similar nature.

Ratio / Principle

If it comes to fore that the Petitioners have any such criminal antecedent of similar nature, this order shall not be given effect to.

Key takeaways

The Petitioners shall appear before the jurisdictional police station once every month, on date and time to be fixed by the learned Court in seisin, till the conclusion of trial.ratio¶¶35
Certification of such monthly appearance shall be submitted to the Court in seisin.ratio¶¶37

Detailed headnote1 paragraphs

Bail petitions (BLAPL No.4856 of 2026 and BLAPL No.5428 of 2026) by Pratap Kumbhar, Chandramani Nag and Atulya Meher, accused in CC Case No.6 of 2025 (Titilagarh P.R. No.78 of 2025-26) under Sections 20(b)(ii)(C) of the NDPS Act, arising out of the same F.I.R, were heard together and disposed of by a common order. Contraband (ganja) of 27 k.gs was alleged to have been seized. The State opposed release, invoking the twin bar of Section 37(1)(b)(ii) of the NDPS Act. Taking into account custody since 04.08.2025 and the earlier release of co-accused Aswin Meher @ Ashwin in BLAPL No.9883 of 2025 (order dated 26.09.2025), Justice V. Narasingh (Vacation Judge), on 19.06.2026, directed release on bail on terms to be fixed by the learned Court in seisin, subject to verification of criminal antecedents of similar nature (the order not to be given effect if such antecedents emerge), with monthly appearance before the jurisdictional police station and certification thereof till conclusion of trial.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4856 of 2026

1. Pratap Kumbhar

…. Petitioners

2. Chandramani Nag

Mr. S.K. Dwibedi, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

BLAPL No.5428 of 2026

Atulya Meher

Petitioner

Mr. S.K. Jena, Advocate

-versus-

State of Odisha

Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

19.06.2026

Order No.

02.

Since both the matters arise out of same F.I.R, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned counsel for the Petitioners

and learned counsel for State.

Page 1 of 4

The Petitioners are accused in connection with 2(a) CC Case No.6 of 2025 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Titilagarh, arising out of Titilagarh P.R. No.78 of 2025-26 for commission of offence alleged under Sections 20(b)(ii)(C) of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of her application for bail U/s.483 of the BNSS by the learned Special Judge, Titilagarh by order dated 30.04.2026 in the aforementioned case, the present BLAPL has been filed.

Learned counsel for the Petitioners in BLAPL No.4856 of 2026 submits that the contraband to the tune of 27 k.gs is stated to have been seized from the possession of both the Petitioners.

Learned counsel for the Petitioner in BLAPL No.5428 of 2026 submits that the accusation against the Petitioners is that he along with the co-accused-Kishan, were found to be possession of contraband(ganja) to the tune of 27 kgs.

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It is stated that one of the co-accused (Aswin Meher @ Ashwin) has since been released on bail by order dated 26.09.2025 by this Court in BLAPL No.9883 of 2025. Hence, on the ground of parity, the Petitioners seeks release on bail.

Learned counsel for the State submits that release of the co-accused cannot be a ground and he also refers to the twin bar contained in Section 37(1)(b)(ii) of the NDPS Act in opposing the prayer for release. 10. Taking into account the Petitioners are in custody since 04.08.2025 and release of the coaccused as directed, this Court directs the Petitioners shall be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of similar nature.

If it comes to fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to. 12. Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin once a month till the conclusion of trial.

Page 3 of 4

Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of. U.C.C as per rules.

(V. NARASINGH)

Vacation Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 19-Jun-2026 20:22:48

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