IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1126 of 2026 Somanath Barla @ Baral …. Petitioner Mr. A.S. Paul, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 25.02.2026 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 Khordha P.S. Case No.177 of 2025 corresponding to T.R. Case No.46 of 2025 pending in the file of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The co-accused persons are on bail, as made to reveal from Annexure-2 series. The submission of learned counsel for the petitioner is that the present accused is having no other criminal antecedent and likely to be implicated on the basis of disclosure made by the co-accused from whom the recovery and seizure of contraband Brown Sugar has been made. The submission is that such recovery relates to less than commercial quantity of contraband substance and Section 37 of NDPS Act is not a bar. Referring to the copies of the seizure list as at Annexure-3, it is submitted that such recovery has taken place from accused, namely, Sadasiv Naik and Kanha Naik and not the petitioner. Considering the same and the objection of the State and since the recovery is less than the commercial quantity of Brown Sugar and that the petitioner claims to have no other antecedents and release of the co-accused persons in the meantime, this Court is inclined to direct the petitioner to surrender before the learned court below for being released on bail with stringent conditions instead of granting pre-arrest bail, as has been demanded by him. 4. Accordingly, it is ordered. 5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event of surrender before the court of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act within a fortnight from today, the petitioner shall be released on bail in connection with Khordha P.S. Case No.177 of 2025 corresponding to T.R. Case No.46 of 2025 subject to him furnishing a bail bond of Rs.25,000/- (Rupees twenty five thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. Page 3 of 3 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok