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1968 DAILYLAW 233 (ORI)

KISHORE CHANDRA SAHOO @ KISHORI SAHU v. STATE OF ODISHA

ABLAPL/1968/2026 · 2026-05-07

R K Pattanaik

body1968

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1968 of 2026 Kishore Chandra Sahoo @ Kishori Sahu …. Petitioner Mr. Arijeet Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.05.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Jarpada P.S. Case No.42 of 2026 corresponding to G.R. Case No.131 of 2026 pending in the file of learned J.M.F.C., Chendipada on the grounds stated therein. 3. Perused the FIR as at Annexure-1. From the FIR, this Court finds that there has been seizure of country made gun and other explosive substances from the petitioner alleged to be in illegal possession of the same. It is further alleged therein that such explosive substances were found in possession of the petitioner for the purpose of hunting of wild animals. 4. Mr. Mishra, learned counsel for the petitioner submits that the present accused is an elderly person aged about 70 years and has no previous antecedent of similar nature. Recorded the submission of Mr. Lenka, learned ASC for the State, according to whom, a search was conducted and it has led to recovery and seizure of explosive substances and the petitioner to be responsible for such possession. It is informed to the Court that no other persons have been arrested in connection with this case and the petitioner is the sole accused and none else. Though there has been search and seizure shown in the FIR leading to the recovery of country made gun and other explosive articles, this Court, in absence of past antecedents of the petitioner so claimed, is of the view that he should be allowed to surrender before the learned court below for being released with suitable conditions imposed though a case for pre-arrest bail is not made out and accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the learned J.M.F.C., Chendipada in connection with Jarpada P.S. Case No.42 of 2026 corresponding to G.R. Case No.131 of 2026 within a fortnight from today, he shall be released on bail subject to him furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is further directed that the petitioner upon release shall cooperate the I.O. in the investigation as and when summoned and the above order shall be given effect only if the petitioner is having no other similar antecedents. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok