Chiranjivee Naik Vs State of Odisha

1 . The petitioner is an accused in connection with O.R. No.443/2025-26 of 21.01.2026 corresponding to 2(b)CC Case No.01 of 2026 for the alleged commission of the offences punishable under Sections 4, 7 & 12 of the Odisha Timber and other Forest Produce Transit Rules, 1980 and under Rules 21 of the O.T. and under Section 56 of the OFA, 1972 pending in the Court of the learned S.D.J.M., Patnagarh. The petitioner had approached the learned Additional Sessions Judge, Patnagarh in BLAPL No.20 of 2026 praying for grant of bail. The learned Court below vide its order dated 02.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under the above sections praying for enlargement on bail.

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2. 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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3. The prosecution case is that on 20.01.2026 at about 11.50 p.m., while the Forester of Harisankar Section along with the Forester Sudhir Kumar Jena, Khaprakhol Section, Forest Guard of Khaprakhol beat Rajendra Dharua and other staff of Harishankar Forest Range were conducting patrolling duty, they got information from reliable source regarding illegal transportation of Khair timber in Mahindra Supro Maxitruch T2 near Phulkimunda village. On getting such information, they proceeded to the spot. On seeing them, the offenders tried to flee away from the spot. They chased and nabbed the petitioner. On verification, they found approximately 10 quintals of Khair timber loaded in a white colour Mahindra Supra Maxitruch T2 bearing Regd. No. OD-03-5-7542. On demand, he could not produce any valid documents in support of such transportation. During inquiry, they found that the said vehicle was without registration number plate. On inquiry, he produced the number plate of the vechile, which was hidden inside the vehicle. Hence, the Forester seized the said vehicle along with 10 quintals of Khair timber, which was

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estimated the value of the said timber is Rs.35,000/-. Hence the case.

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4. Learned counsel for the petitioner submits that, the petitioner does not have any criminal antecedents. The petitioner has been in the jail custody since 21.01.2026.

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5. Regard being had to the period of custody of the petitioner since 21.01.2026 and the nature of allegation against the petitioner, I am inclined to enlarge the petitioner on bail.

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6. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

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(i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every Sunday between 10.00 A.M. and 12.00 P.M. for at least three months;

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(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

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(iii) He shall appear before the trial Court on each date on which the case is posted for trial;

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(iv) He shall not tamper with the evidence in any manner whatsoever;

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(v) He shall not commit any offence while on bail, and

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(vi) He shall be released on bail subject to verification of similar type of antecedents.

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In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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7. The BLAPL is accordingly disposed of.

Subhasis

(S.S. Mishra)

Judge

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 21-Apr-2026 19:32:58

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Chiranjivee Naik v. State of Odisha

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Chiranjivee Naik v. State of Odisha

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