Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5114 of 2026
Brundaban Dalei …. Petitioner
Mr. P. C. Jena, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. Panda, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 12.05.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Fategarh P.S. Case No. 68 of 2026 corresponding to G.R. Case No. 64 of 2026 pending in the file of learned J.M.F.C., Bhapur on the grounds stated therein.
3. Perused the FIR as at Annexure-1. Recorded the
submissions of learned counsel for the respective parties. From the FIR, the Court finds that there is recovery of foreign liquor bottles and it was in possession of one Basanta Behera, who managed to flee on seeing the police. Mr. Jena, learned counsel for the petitioner submits that the petitioner does not have any past antecedent of similar nature but he apprehends arrest in the hands of the local PS after the excise raid conducted by the informant. Recorded the objection of Mr. Panda, learned ASC for the State. The alleged recovery is shown in front of the
house of the petitioner while being in possession of the absconding accused named above. It has not been alleged that the recovery relates to the petitioner but since the apprehension is based on the fact that he is alleged of being involved in selling liquor, this Court, recording the submissions of learned counsel for the respective parties, is inclined to hold that he should instead be directed to surrender before the learned court below for being released even though it is not a case of anticipatory bail.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C., Bhapur within a fortnight from today, it is directed that he shall be released on bail in connection with Fategarh P.S. Case No.68 of 2026 corresponding to G.R. Case No.64 of 2026 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case. It is made clear that the release of the petitioner shall be subject to verification and absence of similar antecedent against him.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer