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2026 DAILYLAW 4546 (ORI)

KELU CHARAN BEHERA v. STATE OF ODISHA

ABLAPL/1700/2026 · 2026-03-24

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1700 of 2026 Kelu Charan Behera …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.03.2026 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 Tangi P.S. Case No.90 of 2026 corresponding to G.R. Case No.99 of 2026 pending in the file of learned N.G.N.-cum-J.M.F.C., Tangi on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Learned counsel for the petitioner submits that the petitioner has been involved on the basis of disclosure made by the co-accused, namely, Siba Behera from whom recovery and seizure has been made in respect of the foreign liquor bottles. It is further submitted that only 8 liters of foreign liquor bottles have been seized from the co-accused. It is informed to the Court that the petitioner is having criminal antecedents. Recorded the objection of the State. In view of recovery shown against the co-accused and the involvement of the petitioner is also alleged, therefore, he apprehends arrest in the hands of the police and considering the above submission, this Court is not inclined to consider the pre- arrest bail of the petitioner, however, is of the view that he should be directed to surrender before the learned court below seeking regular bail with all such plea, as has been advanced. 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 period of fortnight from today before the learned N.G.N.-cum- J.M.F.C., Tangi in connection with Tangi P.S. Case No.90 of 2026 corresponding to G.R. Case No.99 of 2026 and moves an application for regular bail, it shall be duly considered in the first hour and in case of rejection, he shall approach the learned Sessions Court during the second hour for orders on the same day considering the plea of parity on the release of the co- accused, namely, Siba Behera and for the said purpose, case record shall be made available. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok