Orissa High Court
ABLAPL/9810/2026 of BABU NAYAK Vs STATE OF ODISHA on 27 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9810 of 2026 CNR No. ODHC010632102026 Babu Nayak … Petitioner Mr. S. K. Lenka, Advocate -versus- State of Odisha …. Opposite Party Mr. A . K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 27.08.2026 01. 1. Heard learned
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9810 of 2026
CNR No. ODHC010632102026
Babu Nayak
…
Petitioner
Mr. S. K. Lenka, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. A. K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
27.08.2026
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.575 of 2026 pending on the file of learned J.M.F.C, Banpur arising out of Banpur P.S. Case No.289 of 2026 for commission of offences punishable under Sections 3(5) and 305(e) of BNS, 2023.
3. It is submitted by the learned counsel that the Petitioner is not a named accused and he has been falsely implicated in the case at hand only because he is the owner of the vehicle in which the sand was allegedly being transported without permit.
And, it is also stated that the Petitioner does not have any criminal antecedent. Hence, he may be protected by pre-arrest bail.
4. Learned counsel for the State opposes the prayer for pre-arrest bail during currency of investigation.
5. Taking into account the nature of allegations and the punishment prescribed, 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.
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.
(V. NARASINGH)
Judge Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 28-Aug-2026 17:56:38 Signature Not Verified