p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2114 of 2026 Bibhu Nayak @ Naik …. Petitioner(s) Mr. Bikash Karna, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Raj Bhusan Dash, ASC CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 21.04.2026 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner, apprehending his arrest in connection with Sonepur P.S. Case No.93 of 2022, corresponding to Special G.R. Case No.23 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Sonepur for the alleged commission of offences punishable under Sections 20(b)(ii)(C)/25/29 of NDPS Act, has filed this petition under Section 438 of the Cr.P.C. for release on pre-arrest bail. 4. The prosecution case, in brief, is that on 04.05.2022 at about 6:50 PM, the complainant, being the Sub-Inspector of Police, Sonepur P.S., along with his staff, was engaged in routine patrolling duty near Patabhadi area under Sonepur Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2026 11:28:36 Signature Not Verified p. 2 Police Station limits. During the course of patrolling, he received reliable information that two persons were proceeding from Kantamal side towards Sonepur in an Indica car, carrying contraband ganja for the purpose of illegal sale. Acting upon such information, the complainant along with his staff immediately proceeded to Ring Road Chhak and kept surveillance at the spot. At about 7:50 PM, an Indica car bearing registration No. OR-31-2311 was noticed coming from Manamunda side at a high speed. On reasonable suspicion, the said vehicle was intercepted and detained. Upon search and verification of the vehicle, it was found to be carrying contraband ganja weighing 72 kg 490 grams. The occupants of the vehicle failed to produce any valid authority, document, or license in support of possession or transportation of the said contraband. 5. Learned counsel for the Petitioner submits that no incriminating material has been seized from the possession of the Petitioner, nor is there any evidence on record to suggest that the Petitioner has abetted the alleged offence. As such, no offence is made out against the present Petitioner. 6. It is further submitted that, in the absence of any evidence establishing conscious possession of the contraband ganja, the Petitioner cannot be held liable for any offence under the NDPS Act. The materials on record p. 3 clearly indicate that the Petitioner was not present at the spot at the time of seizure. Moreover, nothing has been recovered from the conscious possession of the Petitioner. The alleged contraband was seized from the exclusive possession of a co-accused, named, Sahadeb Mallik and the implication of the Petitioner is solely based on the statement of the said co-accused, which lacks evidentiary value. 7. Learned counsel for the Petitioner further contends that similarly placed co-accused persons have already been granted bail in BLAPL No.6457 of 2025 (disposed of on 17.07.2025) and BLAPL No.7061 of 2023 (disposed of on 24.08.2023). 8. Learned counsel for the Petitioner further contends that since the charge sheet has already been submitted in this case, there is no likelihood of tampering with evidence if released on anticipatory bail. 9. Learned counsel for the State opposes the prayer for pre- arrest bail. 10. Considering the submissions made, the nature of allegations, release of the co-accused persons on bail and keeping in view the surrounding circumstances, this Court is of the opinion that the Petitioner has made out a case for grant of pre-arrest bail. 11. Accordingly, it is directed that in the event of arrest of the Petitioner in the aforesaid case, he shall be released on p. 4 bail on such terms and conditions as the Arresting Officer deems just and proper, subject to the following conditions: i. The Petitioner shall cooperate with the investigation and appear before the Investigating Officer as and when required; ii. The Petitioner shall not directly or indirectly induce, threaten or promise any witness acquainted with the facts of the case; iii. The Petitioner shall not leave the jurisdiction without prior permission of the Court concerned; iv. The Petitioner shall not involve himself in any similar offence; v. The Petitioner shall furnish adequate bail bonds to the satisfaction of the Arresting Officer. 12. Violation of any of the above conditions shall entail cancellation of bail. 13. The ABLAPL application is accordingly allowed and disposed of. 14. Urgent certified copy of this order be granted as per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sipun