Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3434 of 2026 Ganesh Nahak ..... Petitioner Represented By Adv. - Bijay Kumar Behera -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. D.K.Sahoo, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 24.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Bhanjanagar P.S. Case No.166 of 2026, corresponding to Spl. G.R. Case No.8 of 2026, pending in the court of learned Additional District & Sessions Judge-cum-Special Judge, Bhanjanagar, for alleged commission of offence punishable under Section 21(b)/29 of N.D.P.S. Act. 4. It is stated by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He further contended that as per the F.I.R. allegation a total quantity of 51 gm. Of brown sugar was recovered from accused Om Prasad Swain and Page 2 of 3. Chandan Mohapatra. He further contended that the Petitioner has been implicated as he was present at the spot. However, nothing has been recovered from his exclusive and conscious possession. In the aforesaid factual scenario, learned counsel for the Petitioner contended that the bar under Section 37 would not be attracted to the facts of the present case. He further submitted that the Petitioner does not have any criminal antecedents and he belongs to the locality. Therefore, there is no chance of his absconding. It is further submitted that the Petitioner is young boy aged about 25 years. He further submitted that the petitioner is ready and willing to abide by any stringent terms and conditions that would be imposed by this Court in the event he is released on pre-arrest bail. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground of gravity and seriousness of the allegations. He further submitted that the cases of illegal trafficking of contraband drugs are on the rise in the state of Orissa. Therefore, no leniency be shown to the Petitioner. He further submitted that the investigation is still ging on and the charge sheet has not been filed. In such view of the matter, learned counsel for the state contended that the bail application be rejected at this stage. 6. Considering the nature of allegation, gravity of offence and the surrounding facts of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks from today and move an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to Page 3 of 3. verification of criminal antecedent of the Petitioner. In the event it is found by the learned court below that the Petitioner is having any similar criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail. 7. The release of the Petitioner shall also be subject to following conditions: - I) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation. II) shall not indulge in similar criminal offences while on bail. III) shall appear before the learned trial court on each and every date fixed unless prevented by any sufficient cause. IV) In addition to the bail bond, the Petitioner shall be asked to furnish a PR bond by either of his parents or any of his close relatives before the learned trial court. 8. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge Rubi