IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5402 of 2025 Stipan Nayak …. Petitioner Ms. S. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.05.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.86 of 2025 pending in the Court of learned J.M.F.C., Tumudibandh, arising out of Tumudibandh P.S. Case No.49 of 2025 for commission of offence punishable under Sections 310(2)/ 311/ 312 of BNS and Section 25(1)(a)/ 25(1-B)(a)/ 27(1) of Arms Act. 3. It is submitted by the learned counsel for the Petitioner that the only allegation against the Petitioner is that since the vehicle which is admittedly registered in the name of his wife was found to be allegedly involved in the offence. Hence, the Petitioner may be protected by pre- arrest bail. 4. On query of this Court regarding criminal antecedent of the Petitioner, it is stated that though the Petitioner has not been cited as an accused in any other case, the vehicle in question was found to be involved in another case under NDPS Act. 5. It is the further submission of the learned counsel for the Petitioner that since the FIR is against unknown and taking into account the nature of allegations as stated, the custodial interrogation of the Petitioner is not warranted, since all the co- accused persons involved were nabbed at the spot. 6. Learned counsel for the State opposes the prayer for pre-arrest bail. 7. Taking into account the nature of allegations as made and that the vehicle in question was admittedly involved in earlier offence notwithstanding that the vehicle was registered in the name of the Petitioner’s wife, this Court is not persuaded to hold that custodial interrogation of the Petitioner is not warranted. 8. Hence, this Court is not inclined to entertain the ABLAPL. However, it is directed that in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 9. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Ayesha