p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2700 of 2026 Balaram Samal …. Petitioner(s) Mr. Biraja Prasanna Das, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with G.R. Case No.160 of 2026 arising out of Lahunipada P.S. Case No.58 of 2026 registered on the allegation of the offences under Section 52(a)(i) of the Odisha Excise Act, pending in the Court of the learned S.D.J.M., Bonai, Sundargarh. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case, in brief, is that on 14.02.2026 at about 9:40 p.m., the complainant, an AUP–ASI of Police attached to Lahunipada P.S., lodged a written report stating inter alia that while he, along with other staff, was conducting evening patrolling and p. 2 an excise raid near Rajamunda Bypass area in a police Bolero vehicle, he received reliable information that an auto-rickshaw carrying foreign liquor was proceeding from Rajamunda towards Rourkela. Acting on such information, they proceeded to Rajamunda Bypass Chowk, where they intercepted and searched an auto bearing Registration No. OD-14J-7194 in the presence of police witnesses. Upon search, they recovered 11 cartons containing foreign liquor. The seized articles comprised: 20 bottles of Royal Stage whisky (180 ml each), 16 bottles of Old Monk rum (180 ml each), 6 bottles of Royal Challenge whisky (180 ml each), 20 bottles of Iconic whisky (180 ml each), 6 bottles of McDowell’s No. 1 whisky (180 ml each), 60 bottles of Kingfisher Strong beer (650 ml each), 35 cans of Kingfisher Strong beer (500 ml each), 6 bottles of Budweiser Strong beer (650 ml each), and 6 cans of Budweiser Strong beer (500 ml each), all in sealed condition, totaling approximately 75.640 litres. On being questioned, the driver disclosed his identity as Balia Patra and confessed that he had been regularly transporting the aforesaid foreign liquor as per the instructions of Ray Restaurant and Bar, situated near the PM House, Lahunipada, owned by Umesh Ray, as well as under the directions of the manager of Rajamunda Bypass liquor shop at Samardari, namely Balaram Samal, for sale at roadside dhabas along NH- 143 towards the Chandiposh area for personal gain. He p. 3 further stated that out of the 11 cartons, 6 cartons (approximately 40 litres) belonged to Umesh Ray’s bar, while the remaining cartons were from the Rajamunda Bypass liquor shop. Hence, this case. 5. Mr. Das, learned counsel for the petitioner by relying upon the order dated 27.02.2026 passed by the learned S.D.J.M., Bonai submits that the co-accused, Balia Patra, has already been enlarged on bail. He further submits that the said co-accused is the principal accused in the present case. Therefore, the petitioner is entitled to bail on the ground of parity. He also submits that the petitioner is involved in one other case. 6. Mr. Nayak, learned Additional Government Advocate for the State submits that in the event, the petitioner is enlarged on bail, that may be subject to the verification of his criminal antecedent. 7. Regard being had to the nature of allegation and submission made, I am inclined to admit the petitioner on anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer subject to the verification of any other criminal antecedents, except the one which has already been disclosed. The release of the petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for p. 4 the purpose of investigation. Violation of any of the conditions shall entail cancellation of bail. 8. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna