Sipun Barik And Another vs State Of Orissa .... Opposite Party
2026 Latest Caselaw 3271 Ori

Orissa High Court

Sipun Barik And Another vs State Of Orissa .... Opposite Party on 8 April, 2026

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                          ABLAPL No. 1965 of 2026
        Sipun Barik and another                ....           Petitioners
                                           Mr. J. Mohapatra, Advocate

                                   -Versus-
        State of Orissa                        ....       Opposite Party
                                                    Mr. S. Panda, ASC
                  CORAM:
                  MR. JUSTICE R.K. PATTANAIK
                                  ORDER

Order                            08.04.2026
No.
01.     1.     Heard learned counsel for the respective parties.

2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.51 of 2026 pending in the file of learned J.M.F.C., Chandbali arising out of Bansada P.S. Case No.22 of 2026 on the grounds stated.

3. Perused the FIR as at Annexure-1. The report reveals that there was illegal transportation of coal in an auto-rickshaw which was intercepted by the local PS. But no one was apprehended at the spot. According to Mr. Panda, learned ASC for the State, the petitioners travelling in the auto-rickshaw managed to flee from there. It is claimed that petitioner No.1 is having one more similar antecedent. The recovery relates to 200 Kgs of DPCL coal and as per the FIR, the cost is shown at Rs.1500/-, it is claimed that such transportation was for

personal consumption but seized by the police. Considering above facts and that petitioner No.2 does not have any antecedent like petitioner No.1, this Court though not in favour of considering their plea for pre-arrest bail but is inclined to direct both to surrender before the learned court below for being released with conditions accepting an undertaking from petitioner No.1 to not repeat such mischief in future.

4. Accordingly, it is ordered.

5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned J.M.F.C., Chandbali within fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case No.51 of 2026 corresponding to Bansada P.S. Case No.22 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case subject to compliance of the direction as aforesaid.

6. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge Rojina

Designation: Junior Stenographer