Orissa High Court
ABLAPL/9652/2026 of TRINATH BEHERA Vs STATE OF ODISHA on 25 August 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9652 of 2026 CNR No. ODHC010627502026 Trinath Behera …. Petitioner Mr. S. G. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA ABLAPL No. 9669 of 2026 CNR No. ODHC010617032026 1. Pratap Behera 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9652 of 2026
CNR No. ODHC010627502026
Trinath Behera
….
Petitioner
Mr. S. G. Das, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
ABLAPL No. 9669 of 2026
CNR No. ODHC010617032026
1. Pratap Behera
2. Kshyamanidhi
Majhi @ Dada @
Kshyama Majhi
….
Petitioners
Mr. S.G. Das, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
25.08.2026
02.
1. Since both 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.377 of 2025 pending on the file of learned J.M.F.C., Kantabanji, arising out of Titilagarh G.R.P.S. Case No.56 of 2025 for commission of offences punishable under Sections 118(1)/126/351(3)/304(2)/3(5) of BNS.
4. It is submitted by the learned counsel that the Petitioner in ABLAPL No.9652 of 2026 and Petitioner No.2 in ABLAPL No.9669 of 2026 has no criminal proclivity and Petitioner No.1 in ABLAPL No.9669 of 2026 has two criminal antecedents.
5. It is stated, on instruction, that the injury is simple. Hence, the Petitioners may be protected by pre-arrest bail since the occurrence has taken place out of sudden commotion without any premeditation.
6. Learned counsel for the State opposes the prayer for pre-arrest bail.
7. Taking into account the criminal proclivity of Petitioner No.1 in ABLAPL No.9669 of 2026, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.1 in ABLAPL No.9669 of 2026. However, it is directed that Petitioner No.1 in ABLAPL No.9669 of 2026 may surrender before the learned J.M.F.C., Kantabanji 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 J.M.F.C., Kantabanji on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C., Kantabanji, the Petitioner No.1 in ABLAPL No.9669 of 2026 is 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 Petitioner No.1 in ABLAPL No.9669 of 2026 on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.1 in ABLAPL No.9669 of 2026 and learned J.M.F.C., Kantabanji 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. So far as Petitioner in ABLAPL No.9652 of 2026 and Petitioner No.2 in ABLAPL No.9669 of 2026 is concerned, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner in ABLAPL No.9652 of 2026 and Petitioner No.2 in ABLAPL No.9669 of 2026 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
10. It is needless to state that the Petitioner in ABLAPL No.9652 of 2026 and Petitioner No.2 in ABLAPL No.9669 of 2026 shall cooperate with the ongoing investigation.
11. Accordingly, both the ABLAPLs stand disposed of.
12. U.C.C. as per rules.
(V. NARASINGH)
Judge Santoshi Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2026 12:00:07 Signature Not Verified