p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3406 of 2026 Biranchi Nayak …. Petitioner(s) Mr. Rakesh Behera, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Debaraj Mohanty, 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 P.R. No.238/2025-26 of Parjang Excise Station corresponding to 2(a)CC Case No.43 of 2026 registered for alleged commission of offences punishable under Section 52(a)(i) of the Odisha Excise Act, 2008, pending in the Court of the learned J.M.F.C., Parjang. 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 on 03.03.2026 when the informant was performing the patrolling duty, got credible information regarding the storage of huge amount of I.D. liquor inside an asbestos house in Roda village. Immediately the informant along with his team rushed to the spot. They saw that the petitioner was escaping. The Excise officials were unable to nab the petitioner and he managed to flee away from the spot. However, on search of the petitioner, another co-accused namely, Kuna Nayak was apprehended from the spot. On being enquired, he disclosed the name of the petitioner in the crime. The Excise officials seized 40.230 ltrs. of IMFL, 160.725 ltrs. of beer and 24.645 lts. of rum from the spot. Hence, the case. 5. Mr. Mohanty, learned Counsel for the State submits that 40.230 ltrs. of IMFL and 160.725 ltrs. of beer and 24.645 lts. of rum has been recovered from the spot. 6. Learned counsel for the petitioner submits that the recovery is affected from one Pankaj Nayak and on p. 3 whose disclosure statement, the petitioner has been implicated in the crime. He further submits that said Pankaj Nayak has already been admitted to regular bail. 7. Regard being had to the aforementioned, I am inclined to grant the petitioner 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 the criminal antecedent of similar nature. The release of the petitioner shall also be subject to the conditions that he shall appear before the IIC of the concerned Police Station on last Sunday of every month at least for a period of three months, he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. p. 4 8. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.