ABLAPL/10299/2026 of MD SARBAR KHAN Vs STATE OF ODISHA on 10 September 2026

ORDER

10.09.2026

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.1076 of 2026 pending on the file of learned J.M.F.C., Barbil, arising out of Bamibari P.S. Case No.194 of 2026 for commission of offences punishable under Section 303(2)/3(5) of BNS read with Section 18 of Odisha Minerals (Prevention of Theft, Smuggling and Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007 read with section 21 of the Mine and Minerals (Regulation and Development) Act.

3. Learned counsel for the State opposes the prayer for pre-arrest bail.

4. Taking into account the nature of allegation and the submissions made, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.

5. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.

6. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

7. Accordingly, the ABLAPL stands disposed of.

8. U.C.C. as per rules.

(V. NARASINGH)

Judge

Santoshi

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 15:01:10 Signature Not Verified