ABLAPL/510/2025 of SUSANTA KUMAR PATRA @ BABU @ BABU PATRA Vs STATE OF ODISHA on 31 August 2026

ORDER

31.08.2026

03. 1. Heard Mr.Subir Palit, learned Senior Counsel for the Petitioner along with Mr.Adhiraj Mohanty, learned counsel and learned counsel for the State.

2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.54 of 2025, arising out Keonjhar Town P.S. Case No.18 of 2025 pending on the file of learned S.D.J.M., Keonjhar.

3. It is the submission of learned Senior Counsel that ex facie exaggerated allegations have been made in respect of the offence under section 109 of the BNS and in fact to wriggle out of the counter FIR, which is registered as Keonjhar Town P.S. Case No.17 of 2025.

4. The attention of this Court is drawn to the recitals of the said FIR and referring to the same, it is submitted that in fact it is the Petitioner No.2, who had sustained injuries and on extraneous consideration, instead of taking any action on the FIR instituted at the behest of the Petitioners, the police are trying to take the present Petitioners into custody, an extraneous consideration on account of his political affiliation.

5. It is his further submission that in the case at hand, since charge-sheet having been filed, the Petitioners may be protected by pre-arrest bail.

6. Learned counsel for the State, on the other hand referring to the objection affidavit at Flag-D, opposes the prayer for bail, though it is fairly stated that so far as the allegation qua under section 109 of BNS is concerned, the injuries are simple.

7. It is stated that the Petitioners are cited as accused in the following cases: “Petitioner No.1 Susanta Kumar Patra @ Babu Patra is involved in the following criminal cases:- I). Keonjhar Town PS case No.17 of 2025 under sections 126(2)/115(2)/296/351(3)/303(2)/3(5) BNS II). Keonjhar Town PS case No.18 of

U/s.126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) Petitioner No.2 Ashish Kumar Acharya @ Sipu is involved in following cases:- I). Keonjhar Town PS case No.308 of 2024 registered under sections 363/341/506/34 IPC II). Keonjhar Town PS Case No. 505 of 2024 under sections 126(2)/296/115(2)/351(3)/3(5) BNS III). Keonjhar Town PS case No. 17 of 2025 under sections 126(2)/115(2)/296/351(3)/303(2)/3(5) BNS IV). Keonjhar Town PS case no- 18 of 2025 under ections 126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS Petitioner No.3 Manmath Ghana @ Muna @Samath Ghana is involved in following cases:- I). Pallahara PS Case No.86 of 2012 under sections 279/304-A IPC II). Keonjhar Town PS Case No. 34 of 2010 under section 47(A) Orissa and Bihar Excise Act. III) Kanjipani PS Case No. 49 of 2015 under sections 341/294/186/323/506 IPC IV) Keonjhar Town PS case No-17 of 2025 under

V) Keonjhar Town PS case no-18 of 2025 under sections 126(2)/109(1)/310(2)/115 (2)/351(2)/296/3(5) BNS

Petitioner No.4 Srikanta Kumar Patra @ Bulu Patra is involved in following cases:- I). Keonjhar Town PS case No- 17 of 2025 under sections 126(2)/115(2)/296/351(3)/303(2)/3(5) BNS II). Keonjhar Town PS case No.18 of 08.01.2025, under sections 126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS Petitioner No.5 Satyaranjan Soren @ Baji @Kaji Majhi is involved in following cases:- I). Keonjhar Town PS Case No.208 of 2011 under sections 294/323/341/506/34 IPC r/w Sec. 3(1) (x) SC & ST POA Act. II). Keonjhar Town PS Case No.157 of 2009 under sections 6/7 Orissa Essential Service Maintenance Act. III) Keonjhar Town PS case No- 17 of 2025 under

IV).Keonjhar Town PS case no- of

126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS Petitioner No.6 Kaliprasad Das @ Litu @ Litu Das is involved in following cases:- I) Keonjhar Town PS Case No.156 of 2012 under sections 323/341/427/448/34 IPC II) Keonjhar Town PS Case No.22 of 2016 under sections 341/294/323/506/34 IPC III). Keonjhar Town PS Case No. 191 of 2015 under sections 341/294/323/506/34 IPC IV) Keonjhar Town PS Case No. 170 of 2017 under sections 341/294/506/34 IPC / r/w 3(1) (r) (s) SC & ST POA Act V) Keonjhar Town PS Case No. 38 of 2019 under sections 341/294/323/427/506/34 IPC VI) Keonjhar Town PS case No-17 of 2025 under sections 126(2)/115(2)/296/351(3) /303 (2)/3(5) BNS VII) Keonjhar Town PS case No.18 of

126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS Petitioner No.7 Manas Kumar @ Nintu is involved in following cases:-

I) Keonjhar Town PS case No-17 of 2025 under sections 126(2)/115(2)/296/351(3)/303(2)/3(5) BNS II) Keonjhar Town PS case no- 18 of 2025 under sections 126(2)/109(1)/310(2)/115(2)/351(2)/296/3 (5) BNS Petitioner No.8 Sadasiba Samal @ Sibu @ Sadashi Samal is involved in following cases:- I) Keonjhar Town PS case no-308 of 2024 under sections 363/341/506/34 IPC II) Keonjhar Town PS case No- 17 of 2025 under

III) Keonjhar Town PS case no- 18 of 2025 under sections 126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS IV) Bhubaneswar EOW Case No.03 of 2025 under sections 406/409/420/467/468/471/120(B) of IPC. Petitioner No.9 Sameer Kumar Mishra @ Nini Mishra @ Babi Mishra is involved in following cases:- I) Keonjhar Town PS case No- 17, dtd 08.01.2025, U/S- 126(2)/115(2)/296/351(3)/303(2)/3(5) BNS II). Keonjhar Town PS case no- 18 dtd 08.01.2025 U/s.126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS Petitioner No.10 Rajeev Kumar Sahoo @ Buku is

I) Keonjhar Town PS case No- 17, dtd 08.01.2025, U/S- 126(2)/115(2)/296/351(3)/303(2)/3(5) BNS II) Keonjhar Town PS case no- 18 dtd 08.01.2025, U/s.126(2)/109(1)/310(2)/115(2)/351(2)/296/3(5) BNS”

8. So far as antecedents are concerned, law is no longer res integra. The Apex Court, in the case of Ankit Mishra v. State of M.P; 2025 SCC OnLine SC 809 has clarified that though the antecedents cannot be ignored, the same cannot be the sole ground to deprive an accused from consideration of his application for pre-arrest bail on merits. This Court respectfully observes that circumscribing the powers conferred on this Court for grant of pre-arrest bail, cannot be curtailed only on account of antecedents. That will be against the schematic arrangement of pre-arrest bail, which, though not a fundamental right, has been held to be inviolable right of an accused and the same has to be considered in the light of the latest dictum of Apex Court in case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, 2023 SCC OnLine SC 452 wherein law has been set at rest that pre-arrest bail is nothing but a specie of post-arrest bail and all the grounds which are germane for adjudication of a post-arrest bail applies in equal measure for consideration of a pre-arrest bail.

The rival contentions of the parties are to be tested on the anvil of the judgments referred to hereinabove.

9. Considering the rival submission, taking into account that charge-sheet has already been filed and ex facie no allegation has been brought to the notice of this Court that the Petitioners had tried to meddle with the investigation or that there is any chance of absconding, this Court feels that prayer for pre-arrest bail merits consideration.

10. Accordingly, it directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

11. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(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: 02-Sep-2026 18:05:55 Signature Not Verified