Dibyajyoti Mishra Vs State of Odisha (Orissa High Court)
Summary: The petitioner, Dibyajyoti Mishra, approached the High Court of Orissa at Cuttack apprehending arrest in connection with alleged violation of provisions of the GST Act. The petitioner submitted that he was working as a priest in a temple at Rourkela and had been falsely implicated. He had received summons and, on that basis, apprehended that he might be taken into custody. He therefore sought protection by way of pre-arrest bail.
The matter was heard by Justice V. Narasingh on 21.08.2026. Learned counsel for the petitioner reiterated the apprehension of arrest. On behalf of the State, learned counsel appeared before the Court. Mr. A. Kedia, learned Junior Standing Counsel, Central GST and Central Excise, on instruction, submitted that in the case at hand assessment had been made raising a demand of Rs.33,05,562/- on account of Financial Year 2018-19.
It was further submitted on instruction that the apprehension of the petitioner being taken into custody was misconceived.
Upon considering the rival submissions, the High Court did not find force in the petitioner’s submission that there was even any perceptible threat of arrest. The Court accordingly did not grant the requested pre-arrest protection and disposed of the ABLAPL.
The Court, however, granted liberty to the petitioner to renew his prayer if there was any fresh cause of action.
FULL TEXT OF THE JUDGMENT/ORDER OF HIGH COURT OF ORISSA AT CUTTACK
1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. It is submitted that the Petitioner, who is working as a priest in a temple at Rourkela, has been falsely implicated for violation of provisions of GST Act. He has received summons. Therefore, he apprehends arrest and, hence, may be protected by pre-arrest bail.
3. Mr. Kedia, learned Junior Standing Counsel, Central GST and Central Excise, on instruction, submits that in the case at hand assessment has been made raising a demand of Rs.33,05,562/- on account of Financial Year 2018-19.
It is further submitted by the learned Junior Standing Counsel, Central GST and Central Excise, on instruction, that the apprehension of the Petitioner being taken into custody is misconceived.
4. On considering the rival submissions, this Court does not find force in the submissions made by the learned for the Petitioner that there is even any perceptible threat of arrest.
5. Accordingly, the ABLAPL stands disposed of.
6. Liberty is given to the Petitioner to renew his prayer if there is any fresh cause of action.
