p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2359 of 2026 Sudarshan Harizan …. Petitioner Ms. H. Das, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Mathili P.S. Case No.158 of 2022 corresponding to Special G.R. Case No.117 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri on the grounds stated. 3. Perused the FIR as at Annexure-1. The co-accused persons are on bail as made to reveal from Annexure-2. It is submitted to the Court by Ms. Das, learned counsel for the petitioner that the present accused is likely to be implicated by the local police on the basis of confessional statement of the co- accused persons though not directly responsible for the alleged mischief, hence, he is entitled to go on bail. But, Mrs. Mohanty, learned ASC for the State seriously objects to the above plea of the petitioner. Considering the recovery and seizure of Ganja of p. 2 commercial quantity, the Court is not inclined to consider pre- arrest bail of the petitioner, however, allows the liberty for him to surrender before the learned court below seeking regular bail for its consideration in the light of the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2020) 80 SCC 641. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the learned Sessions Judge-cum- Special Judge, Malkangiri in connection with Mathili P.S. Case No.158 of 2022 corresponding to Special G.R. Case No.117 of 2022 within a fortnight from today and moves application for regular bail, it shall be entertained and disposed of considering the plea as above and alleged involvement on the basis of the disclosure made by the co-accused keeping in view the decision of the Apex Court in Tofan Singh (supra). 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer