p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7708 of 2026 Mohanty Digal …. Petitioner Mr. D.J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.07.2026 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 Banigochha P.S. Case No.22 of 2023 corresponding to T.R. Case No.55 of 2026 further corresponding to Special G.R. Case No.25 of 2023 pending in the file of learned Sessions-cum-Special Judge, Nayagarh on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The chargesheet is filed in the meantime under Section 20(b)(ii)(C) of N.D.P.S. Act. Learned counsel for the petitioner submits that the present accused has been chargesheeted but implicated on the basis of confessional statement of the co-accused and hence, he is entitled to bail. Recorded the objection of the State. This Court finds from the FIR and chargesheet at Annexure-1 that there is recovery of commercial quantity of Ganja. This Court, recording such submission of learned counsel for the petitioner pleading innocence, is not in favour of considering the bail p. 2 plea, however, allows liberty for the petitioner to surrender before the learned court below seeking regular bail for its consideration on merit. 4. Accordingly, it is ordered. 5. In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioner surrenders within a fortnight from today before the learned Sessions-cum-Special Judge, Nayagarh in connection with Banigochha P.S. Case No.22 of 2023 corresponding to T.R. Case No.55 of 2026 further corresponding to Special G.R. Case No.25 of 2023 and moves an application for regular bail, it shall be entertained on the same day followed by an order considering his plea of implication on the strength of concessional statement of the co- accused with reference to the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2021) 4 SCC 1. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok