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2026 DAILYLAW 6797 (ORI)

DEV BARIK @ DEV NAG @ DEB NAG v. STATE OF ODISHA

ABLAPL/3924/2026 · 2026-04-29

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3924 of 2026 Dev Barik @ Dev Nag @ Deb Nag …. Petitioner(s) Mr. Bharat Bhusan Routray, Advocate -versus- State of Orissa …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 29.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Bargarh Town P.S. Case No.719 of 2025 corresponding to C.T. (Special) Case No.98 of 2025 registered for alleged commission of offences punishable under Sections 21(b)/25/29 of the N.D.P.S. Act, pending in the Court of the learned Sessions Judge-cum-Special Judge, Bargarh. 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. p. 2 4. The allegation against the petitioner is that the informant lodged a written report at the P.S. that on 12.12.2025 at about 9.30 A.M., while he along with other police staff were performing patrolling duty, got information from reliable sources that some persons had concealed some plastic bag suspected to be contraband cough syrup near a bush. After getting such information, the police team proceeded to the spot and on reaching the spot, they saw seven persons including the present petitioner at the spot. Accordingly, they conducted raid and found two persons having in possession of cough syrup of 2700 bottles and they seized 2700 bottles of cough syrups from them. Hence, the case. 5. Learned counsel for the petitioner, by taking me to the order dated 18.03.2026 passed by the Coordinate Bench in BLAPL No.1136 of 2026 and BLAPL No.1308 of 2026, submits that the co-accused persons have already been admitted to regular bail by this Court. p. 3 6. Regard being had to the aforementioned submission of learned counsel for the petitioner, although I am not inclined to entertain the present anticipatory bail application, in view of huge recovery of the contraband cough syrups, it is open for the petitioner to surrender before the trial Court and move for regular bail on the ground of parity. If such bail application is filed by the petitioner, the same shall be considered by the Courts below on its merit in accordance with law on the same day. 7. With the aforementioned observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.