Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4113 of 2026 Susanta Harijan & Anr. ..... Petitioners
Represented by Adv. - Sangram Keshari Rout -versus- state of odisha ..... Opposite Parties
Represented by Adv. – D.K. Sahoo, A.G.A.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 01.05.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the records.
3. This is an application under Section 482, BNSS filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 20(b) (ii) C/ 29 of the N.D.P.S. Act in T.R Case No.07 of 2026 of the Court of learned Sessions Judge-cum-Special Judge, Nabarangpur arising out of Maidalpur P.S. Case No.25 of 2026.
4. It is stated by learned counsel for the Petitioners that the Petitioners were not present at the spot and nothing has been recovered from the exclusive and conscious possession of the Petitioners. He further submitted that the Petitioners do not have any criminal antecedent.
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5. Taking into consideration the nature and gravity of the allegation, on the request of learned counsel for the Petitioners, the Petitioners are permitted 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. In such eventuality, learned court in seisin over the matter shall do well to consider the aforesaid observations made by this Court and dispose of the bail application of the Petitioners on the same day. While considering the bail application of the Petitioners, the learned trial court shall also apply the principles of parity and the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1.
6. The case diary as well as the other materials be made available on the date of surrender on an application being filed by the Petitioners prior to their date of surrender along with a copy of today’s order.
7. 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