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2026 DAILYLAW 12295 (ORI)

BABULA NAYAK v. STATE OF ODISHA

ABLAPL/1408/2026 · 2026-03-12

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1408 of 2026 Babula Nayak …. Petitioner Mr. C.R. Sahu, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Inspector of Excise, Chikiti Range, Berhampur P.R. No.07 of 2025-26 corresponding to 2(a) C.C. Case No.36 of 2025 pending in the court of learned J.M.F.C.-cum-Grama Nyalaya, Sanakheamundi on the grounds stated. 3. Perused the PR at Annexure-1. It reveals that 280 liters of I.D. liquor was recovered and seized. It is claimed that such recovery has not been shown against the petitioner. The seizure has taken place in no one’s presence as further revealed from the PR. But considering the fact that the alleged recovery is directed against the petitioner and he apprehends arrest and the quantity is huge, this Court is not inclined to consider his plea for pre-arrest bail but is of the view that he should be directed to surrender before the learned court below seeking regular bail p. 2 and its consideration according to law and in case of rejection, to approach the Sessions Court. 4. Accordingly, it is ordered. 5. In the event, the petitioner surrenders within a fortnight from today and moves an application for bail in connection with 2(a) C.C. Case No.36 of 2025, shall be disposed of by the learned J.M.F.C.-cum-Grama Nyalaya, Sanakheamundi during the first hour and in case of rejection, to approach the Sessions Court for orders on the same day during the second hour, considering the plea that he is not involved and such seizure has taken place without his presence. All such plea as has been advanced at present shall be considered by the learned courts below while dealing with the application for bail of the petitioner and for the said purpose, the case diary and other relevant papers shall be made available in course of the day itself. 6. Consequently, the ABLAPL is disposed. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT