IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1985 of 2026 Shiv @ Shib Pratap Singh …. Petitioner Mr. J.K. Panda, Advocate -Versus- State of Orissa …. Opposite Party Ms. B. K. Sahu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with T.R. Case No.11 of 2021 pending in the file of learned Sessions Judge-cum-Special Judge, Nabarangpur arising out of Kosagumuda P.S. Case No.29 of 2021 on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court that Section 37 of NDPS Act is not a bar and hence, the petitioner should be granted bail furthermore when the co- accused persons are on bail. A copy of the bail order in respect of the co-accused, namely, Rajendra Kumar @ Rajendra Kumar Rawal @ Dadan as at Annexure-2 series is referred to. It is submitted that the petitioner’s involvement is alleged upon disclosure made by the co-accused persons and he is having no antecedent. A serious objection is received from learned counsel for the State with the submission that it is not a case of pre-arrest bail as has been demanded by the petitioner. Considering the submissions as above and the fact that commercial quantity of Ganja was seized from a four-wheeler leading to the arrest of the co-accused persons, one of whom is on bail vide Annexure-2 series, this Court is not inclined to entertain any such plea but is of the view that the petitioner should be directed to surrender before the learned court below seeking regular bail with all such plea as has been advanced at present for consideration and its disposal on merit. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders within fortnight from today and moves an application before the court of learned Sessions Judge-cum-Special Judge, Nabarangpur, it shall be entertained and disposed of taking into account of the plea as has been raised at present with a direction to the local PS to submit the case diary and all other relevant documents for its consideration. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer