Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4093 of 2026 1. Abhi Patikar ..... Petitioners 2. Bhaskar Patikar Represented By Adv. – Mr. Prasanta Kumar Routray -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. Aurobinda Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 01.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Bhatil P.S. Case No.42 of 2026, corresponding to C.T. Case No.240 of 2026, pending in the court of the learned S.D.J.M., Bargarh, registered for alleged commission of offences punishable under Sections 276/277/3(5) of B.N.S., 2023 read with Section 13 of Drugs and Cosmetics Act, 1940. Page 2 of 3. 4. In course of argument, learned counsel for the Petitioners submitted that he does not want to press this bail application in respect of Petitioner No.2, as he has been arrested in the meantime. In view of such submission, the prayer for pre-arrest bail of Petitioner No.2 stands rejected as not pressed. 5. So far as Petitioner No.1 is concerned, it is stated by the learned counsel for the Petitioners that the Petitioner No.1 has been falsely implicated in the present case and that the person from whom the adulterated drug was recovered has already been arrested and released on bail by the learned trial court. It was also contended that no recovery was made from the possession of the Petitioner. However, he has been named as an accused in the F.I.R. 6. Taking into consideration the nature and gravity of the allegation and on the request of the learned counsel for the Petitioner No.1, the Petitioner No.1 is permitted to surrender before the learned S.D.J.M., Bargarh in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if Page 3 of 3. applicable. 7. The case diary be made available on the date of surrender on an application being filed by the Petitioner No.1 prior to his date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioner No.1, if applied for. 8. The ABLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge Debasis