Orissa High Court
ABLAPL/8564/2026 of DIBAKAR MAHARANA Vs STATE OF ODISHA on 1 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8564 of 2026 CNR No.ODHC010532492026 1. Dibakar Maharana 2. Pradip @ Pradeep Maharana 3. Pratap Kumar Maharana @ Nandu …. Petitioners Mr. B.K. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM:
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8564 of 2026
CNR No.ODHC010532492026
1. Dibakar Maharana
2. Pradip @ Pradeep
Maharana
3. Pratap Kumar
Maharana @ Nandu
….
Petitioners
Mr. B.K. Behera, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
01.09.2026
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.391 of 2026 pending on the file of learned J.M.F.C. Jatni, arising out of Jatni P.S. Case No.214 of 2026 for commission of offences punishable under Section 126(2)/ 115(2)/ 117(2)/ 118(1)/ 296/ 351(2)/ 3(5) of BNS.
3. The Petitioners were before this Court in ABLAPL No.5715 of 2026 and this Court by order dated 09.06.2026 granted them leave to surrender and seek for bail.
4. It is submitted by the learned counsel for the Petitioners that in the meanwhile investigation has progressed substantially and it has come to the fore that the injury suffered is simple. Hence, he seeks pre- arrest bail.
5. This Court perused the injury report, which indicates that the injured Balabhadra has suffered three injuries though simple.
6. Considering the nature of allegation and the number of injuries suffered, this Court is not inclined to entertain this application for pre-arrest bail in respect of Petitioner Nos.2 and 3. However, it is directed that Petitioner Nos.2 and 3 may surrender before the learned J.M.F.C. Jatni 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. Jatni 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. Jatni, the Petitioner Nos.2 and 3 are at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner Nos.2 and 3 on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner Nos.2 and 3 and learned J.M.F.C. Jatni 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.
8. So far as Petitioner No.1 is concerned, taking into account this age, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner No.1 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.
9. If it comes to the fore that the Petitioner No.1 has any such criminal antecedent of, this order shall not be given effect to.
10. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.
11. Accordingly, the ABLAPL stands disposed of.
12. 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: 02-Sep-2026 19:42:56 Signature Not Verified