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2026 DAILYLAW 20103 (ORI)

NIRMAL NAIK v. STATE OF ODISHA

ABLAPL/5288/2026 · 2026-05-20

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5288 of 2026 Nirmal Naik …. Petitioner Mr. S. Behera, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.05.2026 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 IE & EB, Unit-II, Cuttack Station PR Case No.21 of 2026-27 corresponding to 2(a) CC Case No.12 of 2026 pending in the file of learned J.M.F.C., Tigiria on the grounds stated. 3. Perused the PR as at Annexure-1. It is claimed that the petitioner is having no antecedent and not involved in the transportation of ID liquor, hence, should be allowed to go on bail. Recorded the objection of Mrs. Mohanty, learned ASC for the State. The Court finds from the PR that 560 litres of ID liquor was recovered from the co-accused, who was arrested, as informed. Since huge quantity of liquor has been seized, recording the plea that the petitioner is innocent and not responsible for the possession, this Court, with the objection of the State being noted down, is inclined direct him to surrender p. 2 before the learned court below instead to seek regular bail with the above claim for orders. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with a direction to the petitioner to surrender before the court of learned J.M.F.C., Tigiria within three weeks from today in connection with 2(a) CC Case No.12 of 2026 corresponding to IE & EB, Unit-II, Cuttack Station PR Case No.21 of 2026-27 and in case any such application is moved by him thereafter demanding release, it shall be disposed of considering the plea as above with reference to the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2021) 4 SCC 1 and in the event of rejection, he shall have the liberty to approach the Sessions Court for orders on the same day and for the said purpose, lower court record shall be made available at the time of hearing. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU