ABLAPL/8809/2026 of RAJA @ SIBARAM PAHAN Vs STATE OF ODISHA on 8 September 2026

ORDER

08.09.2026

02. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1370 of 2026 pending on the file of learned JMFC, Khallikote, arising out of Khallikote P.S. Case No.532 of 2026 for commission of offences punishable under Sections 126(2)/296/115(2)/118(2)/109(1)/351(3)/3(5) of BNS, 2023.

3. Learned counsel for the State while opposing the prayer for pre-arrest bail submits that the overt act is attributed to Petitioner No.2 and he has five criminal antecedents and so far as Petitioner No.1 is concerned, it is stated that he has two criminal antecedents, which run thus:-

“Petitioner No.1 (Raja @ Sibaram Pahan)

i) Khallikote PS Case No. 232/2020 u/s 341/294/323/506/34 IPC

ii) Khallikote PS Case No. 315/2021 u/s 147/148/307/341/323/324/325/149 IPC

Petitioner No.2 (Sujit Pahan)

i) Khallikote PS case No.288/2020 u/s 341/323/324/307/506/34 IPC

ii) Khallikote PS Case No. 513/2020 u/s 341/294/323/506/34 IPC

iii) Khallikote PS Case No.315/2021 U/s 147/148/307/341/323/324/325/149 IPC

iv) Khallikote PS Case No. 741/2025 u/s 126(2)/296/115(2)/351(2)/3(5) BNS

v) Kodala PS Case No.628 of 2022.”

4. Taking into account the role ascribed to the Petitioner No.2, this Court is not inclined to entertain this application in respect of the said Petitioner No.2 (Sujit Puhan). However, in the event the said Petitioner No.2 surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

5. So far as Petitioner No.1 is concerned, taking into account the nature of allegations, this Court is not inclined to entertain the ABLAPL in respect of the said Petitioner No.1 (Raja @ Sibaram Pahan) respectively may surrender before the learned JMFC,

Khallikote in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned JMFC, Khallikote on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned JMFC, Khallikote, Petitioner No.1 is 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 endeavour to dispose of the bail application of the Petitioner No.1 on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of Petitioner No.1 and learned JMFC, Khallikote 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. U.C.C. as per rules.

(V. NARASINGH)

Judge Ayesha

Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 18:40:04 Signature Not Verified