Orissa High Court
ABLAPL/10020/2026 of PRASANNA KUMAR MOHAPATRA @ PARSU Vs STATE OF ODISHA on 1 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10020 of 2026 CNR No. ODHC010631372026 Prasanna Kumar Mohapatra @ Parsu …. Petitioner Mr. B.K. Swain, Advocate -versus- State of Odisha …. Opposite Party Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.09.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 10020 of 2026
CNR No. ODHC010631372026
Prasanna Kumar
Mohapatra @ Parsu
….
Petitioner
Mr. B.K. Swain, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. A.K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
01.09.2026
01.
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.53 of 2025 pending on the file of learned J.M.F.C., Nischintakoili arising out of Nischintakoili P.S. Case No.30 of 2025, for commission of offences punishable under sections 126(2)/118(1)/117(2)/ 109/ 351(2)/3(5) of BNS.
3. It is submitted by the learned counsel that the Petitioner was before this Court in ABLAPL No.7648 of 2025 during the currency of investigation and by order dated 09.07.2025, this Court granted him leave to surrender and seek bail.
4. It is submitted that since in the meanwhile charge sheet has been submitted, the Petitioner may be protected by pre-arrest bail.
5. Taking into account the nature of allegations and filing of the charge sheet under Section 109 of BNS which prima facie establishes the offence, as rightly pointed out by the learned counsel for the State, the filing of the same cannot be held to be a circumstance in favour of the Petitioner. Hence, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Nischintakoili 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 J.M.F.C., Nischintakoili 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., Nischintakoili, the Petitioner 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 endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Nischintakoili 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. Learned Court in seisin is requested to verify criminal antecedent of the Petitioner of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.
8. The ABLAPL is accordingly disposed of. U.C.C. as per rules.
(V. NARASINGH) Ayesha
Judge
Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2026 19:15:10 Signature Not Verified