Orissa High Court

ABLAPL/6048/2026 of GOPABANDHU MAHAPATRA Vs STATE OF ODISHA on 19 August 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 6048 of 2026 CNR No. ODHC010402782026 Gopabandhu Mahapatra …. Petitioner Mr. S.R. Mahapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.S. Routray, ASC ABLAPL No. 9469 of 2026 CNR No. ODHC010588352026 1. Krushna

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 6048 of 2026

CNR No. ODHC010402782026

Gopabandhu Mahapatra

….

Petitioner

Mr. S.R. Mahapatra, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. S.S. Routray, ASC

ABLAPL No. 9469 of 2026

CNR No. ODHC010588352026

1. Krushna Bisoi @

Mithun

2. Rabi Behera

3. Upendra Kumar

Pradhan @ Basu

….

Petitioners

Mr. S.R. Mahapatra, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. S.S. Routray, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

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ORDER

19.08.2026

02. 1. Since both the ABLAPLs relate to the same FIR, they are heard together on the consent of the parties and 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.774 of 2026 pending on the file of learned S.D.J.M., Bhanjanagar, arising out of Bhanjanagar P.S Case 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.

4. 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.

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 S.D.J.M., 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 S.D.J.M., Bhanjanagar 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., 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 S.D.J.M., 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 Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2026 17:46:05 Signature Not Verified

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