Orissa High Court
ABLAPL/10054/2026 of TAPAN KUMAR SAHU Vs STATE OF ODISHA on 2 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10054 of 2026 CNR No. ODHC010658202026 Tapan Kumar Sahu … Petitioner Mr. P. K. Barik, Advocate -versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.09.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 10054 of 2026
CNR No. ODHC010658202026
Tapan Kumar Sahu
…
Petitioner
Mr. P. K. Barik, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S. K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
02.09.2026
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.1889 of 2026 pending on the file of learned S.D.J.M., Bhadrak arising out of Bhadrak (Rural) P.S. Case No.526 of 2026 for commission of offences punishable under Section 52(a) of the Orissa Excise Act, 2008.
3. It is stated that the Petitioner was before this Court in ABLAPL No.9202 of 2026 and this Court by order dated 13.08.2026 directed him to surrender and release on bail subject to verification of antecedent of similar nature.
4. It is submitted by the learned counsel for the Petitioner that inadvertently it could not be brought to the notice of this Court that the Petitioner has criminal antecedents.
5. It is further submitted by the learned counsel that non-mentioning of the antecedent is Bonafide. Hence, the Petitioner may be protected by pre-arrest bail.
6. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that since the Petitioner did not approach this Court with clean hands, no leniency ought to be shown to him.
7. Taking into account the nature of allegation, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned S.D.J.M., Bhadrak in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Bhadrak on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned S.D.J.M., Bhadrak, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Bhadrak is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
Ground of parity, if any, may be considered by the learned court(s) below.
9. Accordingly, the ABLAPL stands disposed of.
10. U.C.C. as per rules.
(V. NARASINGH)
Judge
Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 19:45:27 Signature Not Verified