Orissa High Court

ABLAPL/9932/2026 of RAJ KISHORE BEHERA Vs STATE OF ODISHA on 29 August 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9932 of 2026 CNR No. ODHC010651492026 Raj Kishore Behera …. Petitioner Mr. B.K Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. S.S. Routray, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.08.2026 01. 1. Heard

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9932 of 2026

CNR No. ODHC010651492026

Raj Kishore Behera

….

Petitioner

Mr. B.K Behera, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. S.S. Routray, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

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ORDER

29.08.2026

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.464 of 2026 pending on the file of learned JMFC, Nimapara, arising out of Nimapara P.S. Case No.180 of 2026 for commission of offences punishable under Section 296/ 126(2)/ 115(2)/ 118(1)/ 329(4)/ 308(5)/ 303(2)/ 109/ 351(3)/ 3(5) of BNS, 2023.

3. It is submitted by the learned counsel for the Petitioner that because of the counter F.I.R., exaggerated allegations have been made. Hence, he may be protected by pre-arrest bail.

4. Learned counsel for the State opposes the prayer for pre-arrest bail.

5. It is further stated by the learned counsel that the Petitioner is at all fours with the co-accused persons who have been released on pre-arrest bail by order dated 19.06.2026 by this Court in ABLAPL No.6873 of 2026. Hence, on the ground of parity, the Petitioner may be protected by pre-arrest bail.

6. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned JMFC, Nimapara 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, Nimapara on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned JMFC, Nimapara, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law.

7. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC, Nimapara 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. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH)

Judge

Soumya Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2026 17:53:11 Signature Not Verified

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