ABLAPL/6420/2026 of SAMBIT KUMAR JENA Vs STATE OF ODISHA on 28 August 2026

ORDER

28.08.2026

04.

1. Since all the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.351 of 2026 pending on the file of the learned Nyayadhikari Gramanyayalaya, Puri arising out of Puri Sadar P.S. Case No.266 of 2026 for commission of offences punishable under Sections 103(1)/238(a)/324(4)/61(2)/351(2)/351(3)/296/3(5) of BNS.

4. It is submitted by the learned counsel for the Petitioners that initially the FIR was instituted under Section 281/106(1) of BNS and thereafter investigation was taken up and subsequently accusation inter alia under Section 103(1) of BNS was levelled and preliminary charge sheet has been filed on 03.08.2026 under Sections 103(1)/ 238(a)/ 324(4)/ 61(2)/ 351(2)/ 351(3)/ 296/ 3(5) of BNS.

5. It is stated that on a bare perusal of the preliminary charge sheet it can be seen that the allegation so far as under Section 103(1) of BNS is concerned, is not against the present Petitioners.

6. Learned counsel for the State while not opposing such prayer submits that on account of the role ascribed to the Petitioners they are not entitled to be released on pre-arrest bail.

7. Learned counsel for the State also submits that the Petitioners have criminal antecedents which run thus:- “Petitioner (Sambit Kumar Jena) in ABLAPL No.6420 of 2026

i) Sadar P.S. Case No.201 dated 03.05.2021 U/s 379/34 IPC

Petitioner (Tina @ Susant Kumar Biswal) in ABLAPL No.6615 of 2026

i) Sadar P.S. Case No.152 dt. 02.06.2017 U/s 341/294/387/506/34 IPC

ii) Sadar P.S. Case No.175 dt. 12.07.2017 U/s 302/34 IPC

iii) Sadar P.S. Case No.275 dt. 16.11.2019 U/s 147/148/452/341/323/354/354(B)/307/506/42 7/149/379 IPC /3/4/5 E.S. Act.

iv) Sadar P.S. Case No.131 dt. 11.04.2021 U/s 341/294/323/506/34 IPC

v) Sadar P.S. Case No.349 dtd. 19.09.2021 U/s 341/294/323/506/34 IPC /25 Arms Act/ 3(1)(r)(s)/3(2)va SC/ST Act.

Petitioner (Akash Mohanty) in ABLAPL No.7218 of 2026

i) Sadar P.S. Case No.261 dtd. 126(2)/115(2)/296/351(2)/74 BNS

ii) Sadar P.S. Case No.58 dtd. 26.01.2026 U/s 115(2)/117(2)/126(2)/351(2)/3(5) BNS.”

8. This Court perused the statements of one Happy @ Pradip Sahoo stated to be an ocular witness cited as C.W.10 and other witnesses including the informant.

9. Taking into account the criminal antecedent of Petitioner (Tina @ Susant Kumar Biswal) in ABLAPL

No.6615 of 2026, this Court is not inclined to entertain the application for pre-arrest bail in respect of the said Petitioner (Tina @ Susant Kumar Biswal). However, in the event the said Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

10. So far as Petitioners in ABLAPL Nos.6420 of 2026, 7218 of 2026 & 7220 of 2026 are concerned, taking into account the nature of allegations qua the said Petitioners, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners (Sambit Kumar Jena, Akash Mohanty & Sumanta Sahoo) in ABLAPL Nos.6420 of 2026, 7218 of 2026 & 7220 of 2026 respectively shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

11. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

12. Accordingly, the ABLAPLs stand disposed of. U.C.C. as per rules.

(V. NARASINGH)

Judge Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 14:50:11 Signature Not Verified