A.LAXMIPATI @ A. LAKSHMI PATHI vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NOs.5138 & 8633 of 2026

CNR Nos. ODHC010383982026 & ODHC010634872026

(In the matter of applications under Section 483 of
BNSS, 2023).



A.Laxmipati @ A. Lakshmi Pathi
(In BLAPL No.5138 of 2026)
K.Siba Prasad
(In BLAPL No.8633 of 2026)
… Petitioners

Mr. R.L.Pattnaik, Advocate
(in both the bail applications)



-versus-

State of Orissa … Opposite Party
Mr. T.K.Acharya, Addl. PP


CORAM: JUSTICE G. SATAPATHY




DATE OF HEARING & JUDGMENT:03.09.2026(ORAL)

G. Satapathy, J.

1. 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.
2. These are the bail applications U/S.483 of
BNSS by the petitioners for grant of bail in connection
with Kalimela PS Case No.56 of 2026 corresponding to
Special GR Case No.93 of 2026 pending in the file of
learned Sessions Judge-cum-Special Judge, Malkangiri,

BLAPL No.5138 of 2026 and another Page 1 of 4

for commission of offences punishable U/Ss.20(b)(ii)(C)
of NDPS Act, on the main allegation of transporting
22Kgs of Contraband Ganja on a motor cycle bearing
Regd. No.AP-40-FD-8256.
3. Heard, Mr. Rajib Lochan Pattnaik, learned
counsel for the petitioners in both the bail application
and Mr. T.K.Acharya, learned Additional Public
Prosecutor in the matter and perused the record. On
being queried about the criminal antecedent of the
petitioners, Mr. Pattnaik volunteers to withhold bail to
the concerned petitioner(s), if he/they is/are found to
have any criminal antecedent for commission of offence
under NDPS Act.
4. Admittedly, the petitioners were taken into
custody on 15.03.2026, but in the meantime, charge
sheet has already been submitted, however, the trial is
yet to commence and there are 17 charge sheeted
witnesses and, therefore, the trial would take some
time. In the peculiar facts and circumstance of the case
and on consideration of materials placed on record

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together with claim of the petitioners for not having any
criminal antecedent, the petitioners would be considered
to have satisfied the conditions of Section 37 of NDPS
Act, if they are not having any criminal antecedent for
commission of offences under NDPS Act.
5. For the reasons stated hereinabove and taking
into account the custody period of the petitioners, this
Court without expressing any view on merit admits each
of the petitioners to bail, but subject to verification of
their criminal antecedent for commission of offence
under NDPS Act.
6. Hence, these two bail applications of the
petitioners namely A.Laxmipati @ A.Lakshmi Pathi (In
BLAPL No.5138 of 2026) and K.Siba Prasad (In BLAPL
No.8633 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 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 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.
7. Accordingly, both the 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






Orissa High Court, Cuttack,
rd
Dated the 3 day of September, 2026/Kishore
Signature Not Verified
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 03-Sep-2026 20:45:46

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