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2026 DAILYLAW 15565 (ORI)

TRINATH BEHERA v. STATE OF ODISHA

ABLAPL/2841/2026 · 2026-05-12

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2841 of 2026 Trinath Behera …. Petitioner Mr. A.S. Paul, Advocate -versus- State of Odisha …. Opposite Party Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 12.05.2026 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No. 09 of 2026 pending on the file of learned Additional District and Sessions Judge, Khordha, arising out of District Mobile Unit, Khordha Excise P.R. No.408 of 2025-26, for commission of offences punishable under Section 21(b) of the NDPS Act. 3. The allegation against the present Petitioner is that he along with the co-accused are involved in the transportation of contraband Heroin/Brown sugar (Diacetyl Morphine) to the tune of 115 grams. 4. It is submitted by learned Counsel for the Petitioner that the basis of implication is on account p. 2 of co-accused statement. Hence, the Petitioner may be protected by pre-arrest bail. 5. Learned counsel for the State opposes the prayer for pre-arrest bail and on instruction, submits that in the meanwhile the P.R. has been submitted under Section 36(A)(1)(d) of NDPS Act, 1985 against the co-accused citing the Petitioner as an absconder. 6. Considering such submission, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 7. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Mili