ORISSA AT CUTTACK ABLAPL No. 4918 of 2026 · Orissa High Court
Case at a glance
Provisions considered
- Odisha Excise Act s. 52(a)(i)
- Odisha Excise Act, 2008 s. 52(a)(i)
Key paragraphs
- Para 77. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 05-May-2026 11:20:08
Judgment
Mr. Arun Kumar Patra, Advocate -versus- …. Opposite Party(s) Mr. Debraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No.
ORDER 04.05.2026 Heard. The petitioner is seeking pre-arrest bail in connection with P.R. No.219/25-26 corresponding to 2(a) C.C. Case No.255/2025 registered on allegation of the offences under Section 52(a)(i) of the Odisha Excise Act pending in the Court of the learned S.D.J.M., Nilagiri.
Learned counsel the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. On 06.09.2025 at about 6:05 A.M., Inspector of Excise, Balasore, along with his team, was on patrolling duty when they noticed a white Bolero bearing Registration No. OD-01-C-6179 moving on the road. On seeing the excise team, the vehicle speeded up and attempted to flee away. Suspecting foul play, the Inspector of Excise chased the vehicle and intercepted it at Berhampur Bazar. Upon inspection of the vehicle, it was found that the driver was carrying 11 black- coloured motor tubes, each containing 100 litres of illicit distilled (I.D.) liquor, totalling 1,100 litres. The driver of the vehicle, namely Gajendra Sahu, was apprehended and arrested for the alleged offence under Section 52(a)(i) of the Odisha Excise Act, 2008 for unlawful possession and transportation of I.D. liquor for the purpose of sale. Hence, this case.
Mr. Patra, learned counsel for the petitioner submits that the contraband liquor has been seized from the Bolero vehicle, which was driven by one Gajendra Sahu, who was apprehended at the spot. On his disclosure statement, the petitioner has been implicated in the present case. The petitioner is the owner of the Bolero vehicle. He further submits that the principle accused from whose possession, the contraband liquor has been recovered, was arrested and he was subsequently enlarged on regular bail. Therefore, the petitioner is entitled to bail on the ground of parity. He fairly submits that the petitioner has one criminal antecedent.
Regard being had to the nature of allegations against the petitioner, this Court is not inclined to grant the petitioner on anticipatory bail. However, it is for the petitioner to surrender and move application for regular bail before the trial Court. It is also open for the petitioner to raise all the grounds as has been raised in the present petition including the ground of parity. In the event the petitioner surrenders and moves application for bail, it is expected that the learned Courts below shall decide the bail application on its own merit on the same day.
With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 05-May-2026 11:20:08
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.