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Biswajit Sundaray Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

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Orissa HC
2026
Biswajit Sundaray Vs State of OdishaBiswajit Sundaray v. State of Odisha

Disposed

Biswajit Sundaray v. State of Odisha

Orissa HC10 Sept 2026ABLAPL/10328/2026

Case brief

AI extract

What is this about?

High Court disposed of an application for pre-arrest bail. Directed release on surrender within three weeks subject to terms, barring cases involving criminal antecedents or grievous injuries. Petitioner must cooperate with investigation.

What did the court decide?

Directs release on bail upon surrender within three weeks subject to verification of antecedents and injury; application disposed pending further steps.

What the court decided

AI extract

Outcome

Directs release on bail upon surrender within three weeks subject to verification of antecedents and injury; application disposed pending further steps.

Issue for consideration

Whether the Petitioner is eligible for pre-arrest bail pending investigation in an explosive offense case. +2 more

Detailed headnote1 paragraphs

Pre-arrest bail in explosive substance case granted conditionally. Applicant to surrender within three weeks and cooperate with investigation. Bail denied if applicant has prior criminal record or injured persons suffer grievous injury. Order directs lower court to grant bail on subsequent application made by surrender.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10328 of 2026 CNR No. ODHC010678892026

Biswajit Sundaray

Petitioner

-versus-

State of Odisha

…. Opposite Party

Mr. A.K. Pati, ASC

CORAM: JUSTICE V. NARASINGH ORDER

10.09.2026

Order No.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.297 of 2026 pending in the Court of learned JMFC, Begunia, arising out of Begunia P.S. Case No.306 of 2026 for commission of offence punishable under Sections 326(g)/ 288/ 109(1) of BNS read with Section 3 & 4 of Explosive Substances Act.

It is submitted by the learned counsel that no one was injured in the alleged crime and it is stated that it is a case of false implication. Hence, he may be protected by pre-arrest bail.

Page 1 of 2

Learned counsel for the State opposes the prayer during the currency of investigation.

Taking into account the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner 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 and nature of injury.

If it comes to fore that the Petitioner has any criminal antecedent and injury suffered by the any of the injured persons in the case at hand is grievous, this order shall not be given effect to.

It is further stated that the Petitioner shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2026 14:05:57

Page 2 of 2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the Petitioner is eligible for pre-arrest bail pending investigation in an explosive offense case.
2.
Whether conditions of surrender within three weeks and cooperation with investigation are adequate safeguards.
3.
How criminal antecedent and nature of injury affect the grant of bail in explosive substance cases.

Statutes considered

2 provisions across 2 enactments

AI extract

BNS326(g)/ 288/ 109(1)
Explosive Substances Act3 & 4

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 10 Sept 2026 · September
Registered: 3 Sept 2026
Case no.: ABLAPL/10328/2026
CNR: ODHC010678892026
Topic: Narcotics (NDPS)
Disposal: Allowed

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Cite this judgement

Biswajit Sundaray v. State of Odisha, ABLAPL/10328/2026 (OD), decided on 10 September 2026.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

BNS326(g)/ 288/ 109(1)
Explosive Substances Act3 & 4

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel