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2026 DAILYLAW 13764 (ORI)

SANKAR JENA v. STATE OF ODISHA

BLAPL/3411/2026 · 2026-05-05

S K Panigrahi

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3411 of 2026 Sankar Jena & Anr. …. Petitioner(s) Mr. Santosh Kumar Mahanty, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Raj Bhusan Dash, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 05.05.2026 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 96 14.03. 2026 Bellaguntha G.R. Case No.138 of 2026, J.M.F.C., Jagannath Prasad 288/3(5) of the BNS and Sections 4/5 of the E.S. Act. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner, being in custody in Bellaguntha P.S. Case No.96 dated 14.03.2026, corresponding to G.R. Case No.138 of 2026, pending in the Court of learned J.M.F.C., Jagannath Prasad, registered for the alleged commission of offences under Sections 288/3(5) of the BNS read with Sections 4/5 of E.S. Act, has filed this petition for his release on bail. 4. The prosecution case, in brief, is that on 14.03.2026 at about 8:30 AM, the IIC of Bellaguntha Police Station, Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-May-2026 20:46:46 Signature Not Verified p. 2 received credible information regarding the illegal possession of high explosive materials by the Petitioners. The information indicated that the explosives were stored in a pucca house near Thokei Bandha in village Baragaon under the jurisdiction of Bellaguntha PS, in a densely populated area, thereby endangering human life and property. Upon receiving the information, she recorded the same in the Police Station General Diary. Thereafter, she, along with other staff of Bellaguntha PS, proceeded to the spot carrying a laptop, printer and other electronic equipment. On arrival, she found the Petitioners present at the location. During interrogation, the Petitioners disclosed that they had illegally stored high explosive materials in the said house and were engaged in the business of such explosives without any valid licence or authority. Subsequently, the IIC conducted a search of the house near Thokei Bandha in the presence of witnesses, observing all legal formalities. During the search, she recovered and seized the following items from the possession of the petitioners, 8 packets of ammonium nitrate, each weighing approximately 50.30 kg, Ideal Power-90 explosives, 599 gelatine sticks, 15 coils of blasting wire and 11 coils of DFA wire. 5. Learned counsel for the Petitioners submits that the Petitioners have been in judicial custody since 14.03.2026 p. 3 and the investigation has substantially progressed. It is further contended that nothing has been recovered from the exclusive possession of the Petitioners and they have been falsely implicated. 6. Learned counsel for the State vehemently opposes the prayer for bail, contending that a huge quantity of highly explosive materials has been seized from a densely populated area, posing grave threat to public safety. It is further submitted that investigation is still in progress and there exists a strong likelihood of the Petitioners tampering with evidence if released on bail. It is also submitted that the Petitioners have criminal antecedents. 7. Considering the nature and gravity of the accusation, the quantity and nature of explosive materials seized, the potential threat to public safety and the stage of investigation, this Court is not inclined to grant bail to the Petitioners at this stage. 8. Accordingly, the bail application stands rejected and disposed of. 9. However, it is observed that the Petitioners may renew their prayer for bail after filing of charge sheet. (Dr. Sanjeeb K Panigrahi) Judge Sipun