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2026 DAILYLAW 11279 (ORI)

MANGULU MUKHI v. STATE OF ODISHA

ABLAPL/297/2026 · 2026-02-11

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.297 of 2026 Mangulu Mukhi …. Petitioner Mr. J. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.02.2026 03. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Baripada Sadar Range Excise P.R. Case No.60 of 2025-26 corresponding to 2(a) CC (NDPS) No.3 of 2025 pending in the court of learned Sessions Judge-cum-Special Judge, Mayurbhanj, Baripada on the grounds stated. 3. Perused the PR as at Annexure-1. Learned counsel for the petitioner submits that the present accused has been implicated on the basis of the confessional statement of co- accused and while claiming so, he produced a copy of the same recorded under Section 67(C) of the NDPS Act. A copy of Form-C-II is also produced by learned counsel for the petitioner. It is informed to the Court by learned counsel for the State that final PR is filed in the meantime. Considering the fact that there has been 61 grams of heroin recovered and seized, p. 2 this Court is not inclined to consider plea of pre-arrest bail, however, is of the view that he should be directed to surrender before the learned court below seeking regular bail with any such plea particularly with reference to the confessional statement of the co-accused for orders in the light of the decision of the Apex Court in Tofan Singh Vrs. The State of Tamil Nadu in Criminal Appeal No.152 of 2013. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders in connection with Baripada Sadar Range Excise P.R. Case No.60 of 2025-26 corresponding to 2(a) CC (NDPS) No.3 of 2025 within a fortnight from today and upon receiving an application for bail from him, it shall be disposed of by the learned Sessions Judge-cum-Special Judge, Mayurbhanj, Baripada on the very same day keeping in view the observations made hereinabove. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU