Orissa High Court
ABLAPL/9868/2026 of KUMAR KHATAI Vs STATE OF ODISHA on 28 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9868 of 2026 CNR No. ODHC010638052026 Kumar Khatai …. Petitioner Mr. P.K. Nayak, Advocate -versus- State of Odisha …. Opposite Party Mr. S.S. Routray, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.08.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9868 of 2026
CNR No. ODHC010638052026
Kumar Khatai
….
Petitioner
Mr. P.K. Nayak, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.S. Routray, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
28.08.2026
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.747 of 2025 pending on the file of learned S.D.J.M., Panposh, Rourkela arising out of Sector-7, Rourkela P.S. Case No.55 of 2025, for commission of offences punishable under sections 126(2) / 115(2) / 76 / 303(2) / 3(5) of BNS, 2023.
3. It is submitted by the learned counsel for the Petitioner that taking into account the nature of allegations, filing of charge sheet and release of co- accused as per the order dated 20.08.2026 in ABLAPL No.9609 of 2026, Petitioner may be protected by pre- arrest bail.
4. Learned counsel for the State opposes the prayer for pre-arrest bail.
5. Taking into account the nature of allegation and the criminal antecedent of Petitioner, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned S.D.J.M., Panposh, Rourkela 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 S.D.J.M., Panposh, Rourkela on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned S.D.J.M., Panposh, Rourkela, 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 S.D.J.M., Panposh, Rourkela 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. The ABLAPL is accordingly disposed of.
(V. NARASINGH) Ayesha
Judge Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 14:50:12 Signature Not Verified