Orissa High Court
ABLAPL/10163/2026 of BHARAT BEHERA Vs STATE OF ODISHA on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10163 of 2026 CNR No. ODHC010673992026 1. Bharat Behera 2. Dwija Behera @ Duryodhan Behera 3. Chitta Behera @ Chitrasen Behera …. Petitioners Mr. B.R. Mohanty, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi,
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 10163 of 2026
CNR No. ODHC010673992026
1. Bharat Behera
2. Dwija Behera @
Duryodhan Behera
3. Chitta Behera @
Chitrasen Behera
….
Petitioners
Mr. B.R. Mohanty, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S. Panigrahi, ASC
Mr. P. Mohanty, Adv. (Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
08.09.2026
01. 1. Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. case No.658 of 2026, pending on the file of learned J.M.F.C., Konark, arising out of Konark P.S. Case No.239 of 2026, for commission of offences punishable under Sections 296/ 115(2)/ 333/ 117(2)/ 351(3)/ 3(5) of BNS.
3. It is submitted by the learned counsel for the Petitioners that because of the counter FIR
exaggerated allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.
4. Learned counsel for the State as well as informant oppose the prayer for pre-arrest bail and submit that the injured has suffered multiple injuries and the Petitioners has the following antecedents;
Petitioner No.1- i. Konark P.S. Case No.4 of
U/s.341/323/294/34 of IPC ii. Konark P.S. Case No.5 of
U/s.341/452/323/379/34 IPC iii. Konark P.S. Case No.41 of
U/s.341/294/323/426/506/34 of IPC and Section 3 of SC and ST (PoA) Act iv. Konark P.S. Case No.68 of
U/s.341/323/325/307/147/148/149 IPC
Petitioner No.2- i. Konark P.S. Case No.4 of 2009 ii. Konark P.S. Case No.5 of 2009 iii. Konark P.S. Case No.68 of 2018 iv. Konark P.S. Case No.198 of
U/s.341/294/332/337/427/379/353/ 354(B)/355/506/34 IPC
Petitioner No.3- i. Konark P.S. Case No.4 of 2009 ii. Konark P.S. Case No.5 of 2009 iii. Konark P.S. Case No.41 of 2009 iv. Konark P.S. Case No.76 of 2010 U/s.160 IPC v. Konark P.S. Case No.198 of 2023
5. Taking note of the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioners may surrender before the learned J.M.F.C., Konark in connection with the aforementioned case within one month from today.
In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C., Konark on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C., Konark, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C., Konark is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
7. Accordingly, the ABLAPL stands disposed of.
8. U.C.C. as per rules.
(V. NARASINGH)
Judge Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 18:41:39 Signature Not Verified