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2026 DAILYLAW 1504 (ORI)

KISHOR KISAN v. STATE OF ODISHA

ABLAPL/1657/2026 · 2026-03-23

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1657 of 2026 Kishore Kisan …. Petitioner Mr. R.N. Parija, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.03.2026 01. 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 Bargaon P.S. Case No.294 of 2025 corresponding to G.R. Case No.1113 of 2025 pending in the court of learned J.M.F.C., Rajgangpur on the grounds stated. 3. The petitioner apprehends arrest in connection with Bargaon P.S. Case No.294 dated 26th October, 2025 registered under Section 52(a)(i) of the Odisha Excise (Amendment) Act, 2016 as there has been recovery of foreign liquor from a broiler farm claimed to be owned by one Surendra Kharsel. Learned counsel for the petitioner submits that the present accused is innocent as he was found at the spot when the recovery was made by the local police but was let off being a watchman but at present, apprehends arrest as he is being searched. On a reading of the FIR at Annexuer-1, it is made to reveal that the petitioner was picked up at the spot by the police and was even taken to the PS but was not arrested and according to Mr. Parija, learned counsel, it was for the reason that he was a watchman at the broiler farm. Recorded the objection of the State opposing release of the petitioner on bail for the alleged recovery and seizure of huge quantity of foreign liquor bottles. But for the reason that the petitioner was not arrested immediately after the seizure and was allowed to go and at the relevant point of time, he was engaged as a watchman as claimed, this Court, recording such submission of Mr. Parija, learned counsel and objection of the State, is of the view that though it is not a case of pre-arrest bail but in the facts and circumstances of the case, he should be directed to surrender instead for being released with suitable conditions. 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., Rajgangpur in connection with Bargaon P.S. Case No.294 of 2025 corresponding to G.R. Case No.1113 of 2025 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 other conditions imposed as deemed just and proper in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer