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2026 DAILYLAW 11072 (ORI)

ISWAR KANHAR v. STATE OF ODISHA

ABLAPL/804/2026 · 2026-02-06

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.804 of 2026 Iswar Kanhar & others …. Petitioners Mr. A. K. Acharya, Advocate -Versus- State of Odisha …. Opposite Party Mr. M. K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 06.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Gochhapada P.S. Case No.229 of 2025 corresponding to G.R. Case No.505 of 2025 pending in the file of learned Special Judge-cum- Sessions Judge, Phulbani on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1. Mr. Acharya, learned counsel for the petitioners submits that there is no material to connect the petitioners with the alleged incident and hence, they should be granted pre-arrest bail, as the local police is searching for them. 4. Recorded the objection of the State. 5. On a reading of the F.I.R. i.e. Annexure-1, this Court finds that the names of the petitioners mentioned therein. It is further revealed that with an enquiry held, the petitioners have been identified as the suspects for the alleged cultivation. p. 2 Considering the allegations contained in Annexure-1, this Court is not inclined to consider the plea of pre-arrest bail of the petitioners, however, is of the view that they should be directed to surrender before the learned Special Judge-cum-Sessions Judge, Phulbani seeking regular bail with any such plea being considered with reference to the materials on record after a proper notice to the I.O. concerned. 6. Accordingly, it is ordered. 7. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned Special Judge- cum-Sessions Judge, Phulbani within a fortnight from today, it is directed that in the event, an application for bail is received from them in connection with C.T. Case No.149 of 2025, the learned Special Judge-cum-Sessions Judge, Phulbani shall consider it and dispose of the same with a notice to the I.O. considering the materials vis-à-vis their involvement in the illegal cultivation of hem plant and thereafter, to pass appropriate order at the earliest preferably within a next ten days and till such time, none shall be taken into custody with arrest by the local police. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra