Orissa High Court

ABLAPL/10285/2026 of NABAGHANA MALLICK @ GHANASHYAM MALLICK Vs STATE OF ODISHA on 10 September 2026

of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10285 of 2026 CNR No. ODHC010681542026 Nabaghana Mallick @ Ghanashyam Mallick …. Petitioner Mr. A.R. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. S.S. Routray, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 10285 of 2026

CNR No. ODHC010681542026

Nabaghana Mallick @

Ghanashyam Mallick

….

Petitioner

Mr. A.R. Panda, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. S.S. Routray, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

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 C.T. Case No.165 of 2025 pending on the file of learned Sessions Judge-cum-Special Judge, Phulbani, arising out of Khajuripada P.S. Case No.277 of 2025 for commission of offences punishable under Section 20(a)(i) of NDPS Act.

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

4. It is submitted by the learned counsel for the Petitioner that the co-accused was released on pre- arrest bail by this Court by order dated 01.05.2026 in

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ABLAPL No.4157 of 2026. Hence, the Petitioner may be protected by pre-arrest bail.

5. On perusal of the same, it is seen that taking into account that the said accused was of 68 years, this Court was persuaded to grant pre-arrest bail.

6. Taking into account the nature of allegation and the same relating to cultivation of cannabis plants in government land, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for their release on bail, the same shall be considered on its own merit and the learned Court in seisin is requested to make an endeavor to dispose of the same on the same day needless to state after following the due procedure of law.

Ground of parity, if any, may be considered by the learned court(s) below.

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 15:01:09 Signature Not Verified

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