Orissa High Court
ABLAPL/9578/2026 of BISIRAM KANHAR Vs STATE OF ODISHA on 20 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9578 of 2026 CNR No. ODHC010611442026 Bisiram Kanhar …. Petitioner Mr. C.R. Satapathy, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 20.08.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9578 of 2026
CNR No. ODHC010611442026
Bisiram Kanhar
….
Petitioner
Mr. C.R. Satapathy, Advocate
-versus-
State of Odisha
…. Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
20.08.2026
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 C.T. Case No.119 of 2026 pending on the file of learned Sessions Judge-cum- Special Judge, Phulbani, arising out of Phulbani Sadar P.S. Case No. 135 of 2026 for commission of offences punishable under Sections- 20(b)(ii)C/25/29 of N.D.P.S. Act.
3. The allegation against the Petitioner is that he is involved in transportation of contraband (Ganja) to the tune of 30 kg in a vehicle owned by him.
4. It is submitted by the learned counsel that the Petitioner is not a named accused.
It is further submitted by the learned counsel that since the Petitioner is admittedly not in conscious possession, he may be protected by pre-arrest bail.
6. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that the investigation is at a nascent stage and that in view of the Bar contained in Section 37(1)(b)(ii) of the NDPS Act.
7. Taking into account the nature of allegations, this Court is not inclined to grant exceptional remedy of 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 his release on bail, the same shall be considered on its own merit.
In the event reliance is placed on the judgment of the Apex Court in the case of Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1, this Court has no iota of doubt that the learned Court in seisin shall take the same into account keeping in view the factual matrix of the case at hand.
8. The ABLAPL is accordingly disposed of.
(V. NARASINGH)
Judge
Soumya Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 21-Aug-2026 17:43:01 Signature Not Verified