Debendra Behera v. State of Odisha

Represented By Adv. – Mr. Kuldeep Mohanty Opposite Party Represented By Adv. – Mr. D.K. Sahoo, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Party.

The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with P.R. No.14 of 2024-25, corresponding to 2(a)CC Case No.98 of 2024, pending in the court of learned J.M.F.C.(Rural), Balasore, registered for alleged commission of offences punishable under Section 52(a)(i) of Odisha Excise Act, 2008.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period Page 1 of 1. of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the court below that the Petitioner is having more than two criminal antecedents, then this order shall automatically stand revoked.

While imposing conditions, the court in seisin over the matter shall also impose the conditions whereby the Petitioner shall not indulge in any criminal activities while on bail; and he shall appear before the trial court on each and every date of posting of the case unless his personal appearance is dispensed with by the trial court. Violation of any of the conditions imposed either by this Court or the court in seisin over the matter shall entail cancellation of bail.

Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.2,000/- (Rupees two thousand) before the court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis Page 2 of 2.