ABLAPL/4467/2026 of BISWANATH PRADHAN Vs STATE OF ODISHA on 17 August 2026

Order

No.

ORDER

17.08.2026

04.

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.1360 of 2025 pending on the file of learned S.D.J.M., Nayagarh, arising out of Itamati P.S. Case No.415 of 2025 for commission of offences punishable under Sections 126(2)/115(2)/ 109/351(3)/3(5) of the BNS, 2023.

3. While opposite the prayer for pre-arrest bail, learned counsel for the State, submits that except Petitioner No.2, Petitioner Nos.1, 3, 4 & 5 has the following antecedents:

“Biswanath Pradhan (Petitioner No.1) i. Itamati PS Case No.32/2018, U/S.294/307/323/34/341/380/427/436 of the IPC ii. Itamati P.S. Case No.213/25 U/S.126(2)/127(2)133/308(3)/329(3)/351(2)/3(5) of BNS Gouranga Pradha (Petitioner No.3) ii. Itamati P.S. Case No.32/2018 U/S.294/307/323/347/341/380/427 of the IPC Bijay Kumar Ranasingh (Petitioner No.4) ii. Itamati P.S. Case No.213/2025 U/S.126(2)/127(2)/133/308(3)/329(3)/351(2)/3(5 ) of BNS Saroj Kumar Ranasingh (Petitioner No.5) i. Itamati PS Case No.213/2025, U/S. 126(2)/127(2)133/308(3)/329(3)/351(2)/3(5) of BNS ii. Nayagarh P.S. Case No.294/323/34 of IPC/section 3(1)(v)/3(2)(vi) of SC & ST (POA) Act”

4. Though this Court is not oblivious to the fact that mere mention of antecedents ought not to weigh this Court while considering the prayer for pre-arrest bail.

5. Taking into account the manner in which the assault has taken place and the severeness of the injury as stated by the learned counsel for the State, this Court is not inclined to entertain this application in so far as it relates to Petitioner Nos.1, 3, 4 & 5. However, it is directed that they may surrender before the learned S.D.J.M., Nayagarh in connection with the aforementioned case within one month from today.

6. In the event of their surrender and motion for bail, the same be considered by the learned S.D.J.M., Nayagarh on merits, in the first hour of the day.

7. In the event of rejection of the prayer for bail by the learned S.D.J.M., Nayagarh, the Petitioner 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 on the same day.

9. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Nayagarh is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. The question of parity, if so urged, shall be taken into account.

10. So far as the prayer of Petitioner No.2 for pre- arrest bail is concerned, it is directed that on surrendering within three weeks hence and moving for bail, he shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of antecedents.

10. It is needless to say that Petitioner No.2 shall cooperate with the un-going investigation.

11. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(V. NARASINGH)

Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: Addl. Dy. Registrar-cum-Addl. Principal Secy. Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 18-Aug-2026 18:29:11 Signature Not Verified