Dismissed¶18

Jayanta Kumar Gochhayat @ Jayanta Gochhayat v. State of Odisha

Bail – pre-arrest (anticipatory) bail – NDPS Act, s.37(1)(b)(ii)

Orissa HC23 Jul 2026ABLAPL/5173/2026

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What is this about?

High Court of Orissa at Cuttack; Justice V. Narasingh; 23.07.2026; ABLAPL No.5173 of 2026; Jayanta Kumar Gochhayat @ Jayanta; pre-arrest/anticipatory bail rejected; NDPS Act section 37(1)(b)(ii); offences under Sections 8(C) r/w 20(b)(ii)(C)/25/29 NDPS Act; NCB Crime No.03/NCB/BBSR/2026; G.R. Case No.02 of 2026, Udala, Mayurbhanj; implication via co-accused statement; CDR investigation; prior citation in Baripada Town P.S. Case No.34 of 2024; surrender and fresh bail application permitted.

What did the court decide?

In view of the stipulations contained in section 37(1)(b)(ii) of the NDPS Act, the Court declined to entertain the application for the exceptional remedy of pre-arrest bail. ¶16

Jayanta Kumar Gochhayat @ Jayanta Gochhayat Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.5173 of 2026

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Jayanta Kumar Gochhayat @ Jayanta …. Petitioner Gochhayat

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Mr.Sameer Ku. Mishra, Sr. Advocate

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-versus-

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State of Odisha …. Opposite Party

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Mr.S.Panigrahi, ASC Mr.P.K.Parhi, DSGI assisted by Mr.Sudipto Panda, CGC

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CORAM: JUSTICE V. NARASINGH ORDER

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23.07.2026

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Order No.

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03. 1. Heard Mr.S.K. learned Sr. Advocate for the Petitioner and Mr.P.K. Parhi, learned DSGI for the NCB being assisted Mr.S.Panda, learned CGC.

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The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.02 of 2026 pending on the file of learned Additional District & Sessions Judge, Udala, Mayurbhanj arising out of NCB Crime NO.03/NCB/BBSR/2026 for commission of offences punishable under Sections 8 (C) read with sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

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It is submitted by Mr.Mishra, learned Senior Advocate for the Petitioner that the basis of implication is on account of co-accused statement and there is no foundation in the prosecution case to allege that the contraband seized was delivered to the Petitioner. Hence, it is submitted that the Petitioner is entitled to be released on pre-arrest bail.

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Mr. Parhi, learned DSGI being assisted by Mr.Panda, leaned CGC oppose such prayer for prearrest bail. Referring to the materials on record, learned DSGI submits that the investigation on the basis of CDR, reveals that the present Petitioner was in constant touch with the accused person, who has been taken to custody and it is also brought to the notice of this Court that the Petitioner was cited as an accused in Baripada Town P.S. Case No.34 of 2024 registered for commission of offence under section 20(b)(ii)/25/29 of the NDPS Act.

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Considering the rival submissions, in view of the stipulations as contained in section 37 (1)(b)(ii) of the NDPS Act, this Court is not inclined to entertain this application for grant of exceptional remedy of pre-arrest of bail.

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Page 2 of 3

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Accordingly, the bail application stands rejected. It is needless to state that there is no embargo for the Petitioner to surrender and move for bail and if the same is done, the same shall be considered on its own merit taking into account the grounds as urged.

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All pending IAs are disposed of accordingly.

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Issue urgent certified copy as per rules.

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(V. NARASINGH) Judge

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Basu

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV NAYAK Designation: Addl. Dy. Registrar-cum-Addl. Principal Secy. Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 24-Jul-2026 10:48:36

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Jayanta Kumar Gochhayat @ Jayanta Gochhayat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayanta Kumar Gochhayat @ Jayanta Gochhayat v. State of Odisha

Case brief

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