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2026 DAILYLAW 14722 (ORI)

BIJAYA KUMAR BEHERA v. STATE OF ODISHA

ABLAPL/4962/2026 · 2026-05-05

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4962 of 2026 Bijaya Kumar Behera …. Petitioner Mr. J. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.05.2026 02. 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 Chandbali P.S. Case No.142 of 2026 corresponding to G.R. Case No.261 of 2026 pending in the file of learned J.M.F.C., Chandbali on the grounds stated. 3. Perused the FIR as at Annexure-1. Learned counsel for the petitioner submits that the present accused is a Salesman of a licensed shop and from him, the IMFL bottles said to have been purchased by the other two arrested at the spot. The further submission is that the petitioner since not directly involved in the possession of the IMFL bottles, he should be allowed to go on bail with any conditions. It is claimed that the petitioner does not have any similar antecedent, but apprehend arrest in view of the FIR lodged. Recorded the objection of learned counsel for the State. From the FIR, it is no doubt revealed that the alleged recovery has been made from the co- accused persons, who disclosed the name of the petitioner to p. 2 have supplied the IMFL bottles. The claim is that the liquor bottles were sold to the accused persons from a licensed shop. Considering the submissions as above and seizure of the contraband substance not from the possession of the petitioner but two others and since he is claimed to be a Salesman of a licensed vendor, this Court is inclined to allow him to surrender before the learned court below for being released subject to following conditions even though not in favour of entertaining his bail plea as has been advanced. 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 before the court of learned J.M.F.C., Chandbali in connection with Chandbali P.S. Case No.142 of 2026 corresponding to G.R. Case No.261 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount with such other conditions, such as, he shall co-operate the IO in the investigation. It is further directed that the above release order shall be given effect to only if upon enquiry and verification, the petitioner is found to be a Salesman of a licensed vendor. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU