Orissa High Court
ABLAPL/9779/2026 of SUNIL KUMAR BISOI @ LINKAN Vs STATE OF ODISHA on 27 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9779 of 2026 CNR No. ODHC010619702026 1. Sunil Kumar Bisoi @ Linkan 2. Siba Sanker Jena @ Siba 3. Rakesh Swain …. Petitioners Mr. K. Dey, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9779 of 2026
CNR No. ODHC010619702026
1. Sunil Kumar Bisoi @
Linkan
2. Siba Sanker Jena @
Siba
3. Rakesh Swain
….
Petitioners
Mr. K. Dey, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
27.08.2026
01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.774 of 2026 pending on the file of learned Sub-Divisional Judicial Magistrate, Bhanjanagar, arising out of Bhanjanagar P.S. F.I.R. No.439 of 2026 for commission of offences punishable under Section 333/ 115(2)/ 126(2)/ 109/ 74/ 324(2)/ 351(3)/ 3(5) of BNS.
3. It is submitted by the learned counsel for the Petitioners that because of the counter case exaggerated allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.
4. It is submitted by learned counsel Mr. K. Dey appearing for the Petitioner that so far as the co- accused are concerned liberty have been granted them to surrender and seek bail and it is submitted that the Petitioners are in a better footings since they are not the named accused.
5. Learned counsel for the State opposes the prayer for pre-arrest bail.
6. This Court perused the statement of the victim recorded under Section 183 of BNSS and it is also brought to the notice of this Court that one of co- accused was taken to custody and has since been released on bail.
7. Taking into account the nature of allegations, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioners may surrender before the learned Sub-Divisional Judicial Magistrate, Bhanjanagar in connection with the aforementioned case within one month from today.
In the event of their surrender and motion for bail, the same be considered by the learned Sub- Divisional Judicial Magistrate, Bhanjanagar on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned Sub-Divisional Judicial Magistrate, Bhanjanagar, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day.
The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned Sub- Divisional Judicial Magistrate, Bhanjanagar 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.
9. Learned Court in seisin is requested to verify criminal antecedent of the Petitioners of similar nature. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to.
10. The ABLAPL is accordingly disposed of.
U.C.C. as per rules.
(V. NARASINGH)
Judge Mili
Digitally Signed Signed by: MILI MAHARANA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Aug-2026 17:40:21 Signature Not Verified