Orissa High Court
ABLAPL/9460/2026 of AKA BISWAS @ PUKUNA BISWAS @ EKA BISWAS Vs STATE OF ODISHA on 18 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9460 of 2026 CNR No. ODHC010613202026 Aka Biswas @ Pukuna Biswas @ Eka Biswas …. Petitioner Mr. D.J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. U.C. Jena, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9460 of 2026
CNR No. ODHC010613202026
Aka Biswas @ Pukuna
Biswas @ Eka Biswas
….
Petitioner
Mr. D.J. Sahoo, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U.C. Jena, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
18.08.2026
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.2010 of 2025 pending on the file of learned S.D.J.M., Kendrapara, arising out of Jambo Marine P.S. Case No.210 of 2025 for commission of offences punishable under Section 109/115(2)/117(2)/118(2)/296/303(2)/324(2)/333/ 3(5) of BNS.
3. It is submitted by the learned counsel for the Petitioner that exaggerated allegations have been made and the co-accused, who were taken to custody, have since been released on bail. Hence, Petitioner may be protected by pre-arrest bail.
4. Learned counsel for the State opposes the prayer for pre-arrest bail during the currency of investigation, inter alia, on the ground that the Petitioner has the following criminal antecedents; i. Jamboo Marine P.S. Case No.34 of 2025 U/s.126(2)/296/351(2)/115(2)/127(2)/ 303(2)/3(5) of BNS ii. Jamboo Marine P.S. Case No.250 of 2025 U/s.296/115(2)/126(2)/117(2)/3(5) of BNS.
5. It is submitted by the learned counsel for the Petitioners, on instruction, that the injured Baguli Majhi has not suffered any grievous injury.
6. Taking into account the nature of allegations and the submissions made, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned S.D.J.M., Kendrapara 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., Kendrapara 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., Kendrapara, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
7. 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 shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Kendrapara 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. The forums below are requested to verify the nature of injury of the injured Baguli Majhi.
If it comes to the fore that the injured Baguli Majhi has suffered any grievous injury, this order shall not be given effect to.
8. Accordingly, the ABLAPL stands disposed of.
9. 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: 19-Aug-2026 18:40:55 Signature Not Verified