ABLAPL/9677/2026 of DIPAK KUMAR JENA Vs STATE OF ODISHA on 21 August 2026

ORDER

21.08.2026

01.

1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1450 of 2026 pending on the file of learned J.M.F.C Chandikhole arising out of Dharmasala P.S. Case No.335 of 2026 for commission of offences punishable under Sections 310(1)/ 121(1)/ 121(2) of BNS, read with section 52(a) Orissa Excise Act.

3. It is submitted by the learned counsel that exaggerated allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.

4. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that the manner in which the overt act has been committed involves taking away the vehicle forcibly from the possession of the Excise Authority.

5. Considering the rival submissions, since it is stated at the Bar that Petitioner No.3 and 5 have criminal antecedents, this Court is not inclined to entertain the application for pre-arrest bail in respect of the said Petitioners. However, it is directed that the Petitioner Nos.3 and 5 (Gouranga Kar and Dhaneswar Das respectively) may surrender before the learned J.M.F.C Chandikhole in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C Chandikhole on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C Chandikhole, the Petitioner Nos.3 and 5 are at liberty to move the higher forum for bail in the second hour on the same day.

6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner Nos.3 and 5 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 Nos.3 and 5 and learned J.M.F.C Chandikhole 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.

7. So far as the ABLAPL in respect of Petitioner Nos.1, 2 and 4 is concerned, 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 Nos.1, 2 and 4 (Dipak Kumar Jena, Manoranjan Nayak and Nageswar Das respectively) 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 any nature.

If it comes to the fore that the Petitioner Nos.1, 2 and 4 have any antecedents, this order shall not be given effect to.

8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 21-Aug-2026 18:53:21 Signature Not Verified