Saroj Kisan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Saroj Kisan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail not granted; petitioner at liberty to surrender before the trial Court and file a regular bail application, to be considered by the learned Courts below on its own merit in accordance with law on the same day; case diary to be made available to the concerned courts and, upon rejection of the bail plea by the first court and approach to the higher forum, records to be transmitted at the petitioner's cost.

Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the petitioner Saroj Kisan in connection with Airport P.S. Case No.56 of 2026 corresponding to C.T. Case No.543 of 2026, registered for alleged commission of offences punishable under Sections 3(5)/303(2) of the BNS, 2023, pending before the learned S.D.J.M., Jharsuguda.

Court's answer

Regard being had to the nature of allegation, and although the co-accused Durga Kisan has already been admitted to regular bail, the Court is not inclined to grant the present anticipatory bail to the petitioner.

Ratio / Principle

It is open to the petitioner to surrender before the trial Court and move for a regular bail application.

Key takeaways

If the petitioner files such regular bail application before the Court below, it shall be considered by the learned Courts below on its own merit in accordance with law on the same day.ratio¶24
The case diary is to be made available to the concerned courts; and if the bail plea is rejected by the first court and the petitioner approaches the higher forum, the records are to be transmitted to the higher forum at the cost of the petitioner.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail refused — Saroj Kisan v. State of Odisha, ABLAPL No.5474 of 2026, High Court of Orissa at Cuttack (order dated 20.05.2026, Justice Sibo Sankar Mishra). Petitioner sought pre-arrest bail in Airport P.S. Case No.56 of 2026 corresponding to C.T. Case No.543 of 2026, pending before the learned S.D.J.M., Jharsuguda, for alleged offences under Sections 3(5)/303(2) of the BNS, 2023, arising from a written report lodged on 24.03.2026 alleging illegal transportation of diesel near the IOCL area, with spot seizure of diesel totalling about 285 litres (drum/jerkins). Although the principal accused/co-accused Durga Kisan had already been admitted to regular bail by the learned Sessions Court in BLAPL No.169 of 2026, the Court declined anticipatory bail but held it open to the petitioner to surrender before the trial Court and move for regular bail, such application to be considered by the learned Courts below on its own merit in accordance with law on the same day; the case diary to be made available to the concerned courts and, upon rejection by the first court and approach to the higher forum, records to be transmitted at the petitioner's cost. The ABLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5474 of 2026

Saroj Kisan

…. Petitioner

Mr. Dibya Prakash Mishra, Advocate

-versus-

State of Odisha …. Opposite Party

Mr. Debaraj Mohanty, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No. 20.05.2026

02.

1. Heard.

2. The petitioner is seeking pre-arrest bail in

connection with Airport P.S. Case No.56 of 2026 corresponding to C.T. Case No.543 of 2026 registered for alleged commission of offences punishable under Sections 3(5)/303(2) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Jharsuguda.

3. Learned counsel for 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.

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4. On 24.03.2026 at about 9.35 P.M., the

complainant lodged a written report at the P.S. alleging therein that at about 6.28 P.M., vide VD No.29, dated

24.02.2026, he along with other officers while performing evening patrolling duty, they got information from the reliable source that, one person was illegally transporting diesel near IOCL area. On receipt of such information, the police staff immediately rushed to the spot. On seeing the police team, one person fled away from the spot towards Dhutra side and the police team could not be able to apprehend him. On the spot, the police seized 1 blue colour drum containing 200 ltrs., one red colour jerkin containing 50 ltrs., and 2 nos. blue jarkin containing 35 ltrs. and heavy smell of diesel was coming from the spot. Hence, the case.

5. Learned counsel for the petitioner, by drawing the attention of this Court to paragraph-7 of the petition, submits that the principal accused namely, Durga Kisan has already been admitted to bail by the learned Sessions Court in BLAPL No.169 of 2026.

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Learned counsel for the petitioner further submits that as per the instruction, the petitioner has no criminal antecedents.

6. Regard being had to the nature of allegation and since the co-accused namely, Durga Kisan has already been admitted to regular bail, although I am not inclined to grant the present anticipatory bail. However, it is open for the petitioner to surrender before the trial Court and move for regular bail application. If such bail application is filed before the Court below, the same shall be considered by the learned Courts below on its own merit in accordance with law on the same day. The case diary be made available to the concerned courts and the records be transmitted to the higher forum at the cost of the petitioner, in the case of the rejection of the bail plea by the first court and the petitioner approaches the higher forum.

7. The ABLAPL is disposed of.

Signature Not Verified

Digitally Signed (S.S. Mishra) Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Judge Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 22-May-2026 07:57:00

Subhasis

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