Orissa High Court
ABLAPL/8827/2026 of NIHAR RANJAN BARIK Vs STATE OF ODISHA on 9 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8827 of 2026 CNR No.ODHC010549542026 Nihar Ranjan Bairk …. Petitioner Mr.A.N. Samantray, Advocate -versus- State of Odisha …. Opposite Party Mr.C.R.Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.09.2026 02. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8827 of 2026
CNR No.ODHC010549542026
Nihar Ranjan Bairk
….
Petitioner
Mr.A.N. Samantray, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr.C.R.Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
09.09.2026
02.
1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.518 of 2026, arising out Jagatsinghpur P.S. Case No.254 of 2026 pending on the file of learned S.D.J.M., Jagatsinghpur for commission of offences punishable under Sections 126(2)/296/115(2)/ 109(1)/117(2)/3(5) of the BNS, 2023.
3. Learned counsel for the State, while opposing the prayer for pre-arrest bail, submits that taking into account the seat of the injury, no leniency ought to be shown to the Petitioner though one of the injuries has been categorized as simple.
4. Counsel for the Petitioners submits that since the Petitioner is a first offender and the offence, having taken place in the background of civil dispute inter se between the parties, the Petitioner may be protected by pre-arrest bail.
5. Considering the rival submission and the injury report, this Court is not inclined to entertain this application of the Petitioner for pre-arrest bail. However, it is directed that they may surrender before the learned S.D.J.M., Jagatsinghpur in connection with the aforementioned case within one month from today.
6. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Jagatsinghpur on merits, in the first hour of the day.
7. In the event of rejection of the prayer for bail by the learned S.D.J.M., Jagatsinghpur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
9. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Jagatsinghpur is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. The question of parity, if so urged, shall be taken into account.
10. Learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any antecedent, this order shall not be given effect to.
11. The ABLAPL is accordingly disposed of.
(V. Narasingh)
Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 12-Sep-2026 16:57:20 Signature Not Verified