Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3820 of 2026 Brahmeswar Mallick @ Dandi ..... Petitioner Represented by Adv. - Amulya Ratna Panda -versus- State of Odisha ..... Opposite Party Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 29.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 191(2), 191(3), 121(1), 132, 109, 190 of B.N.S. read with Section 25/27 of Arms Act read with Section 20(b)(ii)C of NDPS Act in C.T. Case No.105 of 2026 in the Court of learned Additional Sessions Judge-cum-Special Judge, Balliguda arising out of Balliguda P.S. Case No.65 of 2026. 4. It is stated by learned counsel for the Petitioner that several persons have been implicated in the present case. He further submitted that while conducting a raid under allegation of Page 2 of 3. commission of an offence under the NDPS act, the villagers resisted the police to perform their duties. As a result, many innocent villagers including the present Petitioner have been implicated in the present case. He further submitted that the Petitioner does not have any criminal antecedent. It was also contended that no contraband article has been recovered from the exclusive and conscious possession of the present Petitioner. He further submitted that the persons of the village, who had cultivated contraband ganja, have been arrested and taken into custody in the meantime. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground that the investigation is still on. He further submitted that in the event the Petitioner has been released on bail, there is every likelihood that he might indulge in similar nature of offences. 6. At this stage, learned counsel for the Petitioner submitted that the Petitioner does not want to press this bail application and seek liberty to surrender before the court below and move an application for bail. 7. Having regard to the submissions made by learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking into consideration the fact that the Petitioner does not have any criminal antecedent and that no contraband article has been recovered from the exclusive and conscious possession of the Petitioner, this Court, on the request of learned counsel for the Petitioner, permits the Petitioner to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. Page 3 of 3. In such eventuality, learned court in seisin over the matter shall release the Petitioner on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having any similar criminal antecedent, then this order shall stand automatically revoked. 9. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer