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2026 DAILYLAW 5694 (ORI)

DUSMANTA NATH v. STATE OF ODISHA

ABLAPL/1708/2026 · 2026-03-24

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1708 of 2026 Dusmanta Nath …. Petitioner Mr. B.B. Routray, 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 Industrial (NISA) P.S. Case No.29 of 2026 corresponding to G.R. Case No.113 of 2026 pending in the file of learned J.M.F.C., Chhendipada on the grounds stated therein. 3. Perused the FIR as at Annexure-1. It is submitted to the Court that the petitioner apprehends arrest in view of disclosure made by the co-accused persons arrested and in the meantime, released on bail. A copy B.A.No.73 of 2026 is produced to that effect. The further submission is that the recovery and seizure of iron scraps is not directed against the petitioner. Recorded the objection of the State. It is made to understand that the scrap materials were being illegally transported by the co- accused persons, namely, Bijay Kumar Sitha and Ranjan Maharana and it was stored and before that, was in the possession of the petitioner as claimed by the local police. The p. 2 cost of iron scraps would be around Rs.40,000/-only, as mentioned in the FIR. Considering the above facts and since the recovery is from other accused persons though allegedly with the involvement of the petitioner that it was being transported in a truck and intercepted by the police and recording the submission of learned counsel for the petitioner that the petitioner is having four other cases to his credit, this Court though not inclined to grant pre-arrest bail to the petitioner, however, is of the view that he should be directed to surrender before the learned court below for being released with stringent conditions imposed and accordingly, it is ordered. 4. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned J.M.F.C., Chhendipada in connection with Industrial (NISA) P.S. Case No.29 of 2026 corresponding to G.R. Case No.113 of 2026, he shall be released on bail subject to him on furnishing a bail bond of Rs.50,000/- (Rupees fifty 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. It is further directed that the above order shall not be given effect to if the petitioner is having more than five criminal cases. 5. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok