Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.237 of 2026
Basu @ Basanta Ojha & others …. Petitioners
Mr. Aviram Patra, Advocate
-Versus-
State of Odisha …. Opposite Party
Ms. B.K. Sahu, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 15.01.2026
01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Bhuban P.S. Case No.03 of 2026 corresponding to G.R. Case No.02 of 2026 pending in the file of learned J.M.F.C., Bhuban on the grounds stated therein. 3. Gone through the contents of the FIR at Annexure-1 and it reveals that the petitioners have been implicated allegedly for transporting cartons containing Beer bottles having company seal. 4. Mr. Patra, learned counsel for the petitioner submits that petitioner No.1 is having no similar antecedent and hence, is a first-time offender, whereas, petitioner Nos.2 & 3 are the owner and manager of the Bar and in so far as petitioner No.4 p. 2 is concerned, he is the owner of the vehicle in question in which the Beer bottles were transported during the relevant point of time. 5. Recorded the objection of the learned counsel for the State, according to whom, 234 litres of Beer have been seized in connection with the case. 6. Considering the fact that the owner and manager of the Bar apprehend arrest by the local police so also the vehicle owner, namely, opposite party No.4 and as petitioner No.1 is having no antecedent, who is the driver, all of them seeking pre-arrest bail, which is objected by the learned counsel for the State and considering the circumstances and recovery and seizure leading to the lodging of the FIR, this Court though not inclined to grant pre-arrest bail but is of the view that the petitioner Nos.2, 3 & 4 should be released on bail upon surrender before the court concerned with suitable conditions imposed and since the recovery and seizure relates to good quantity of Beer and it was transported in the vehicle by petitioner No.1, he should be directed to surrender before the learned court below and to seek regular bail. 7. Accordingly, it is ordered. 8. In the result, ABLAPL stands disposed of with the direction as aforesaid.
It is further directed that in the event, petitioner Nos.2, 3 & 4 surrender before the court of learned J.M.F.C., Bhuban within a fortnight from today, they shall be released on bail in connection with Bhuban P.S. Case No.03 of 2026 corresponding to G.R. Case No.02 of 2026 subject to p. 3 them furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of the 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 also
directed that in case, petitioner No.1 surrenders within the above period before the learned court below in connection with the case 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 an order on the same day without adjournment.
9. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Alok Judge