Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1909 of 2026
D. Goura Patra @ Goura Patra & anr. …. Petitioners Mr. A. Achari, Advocate
-Versus-
State of Odisha …. Opposite Party Mr. S. N. Das, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 07.04.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Digapahandi P.S. Case No.331 of 2025 corresponding to G.R. Case No.413 of 2025 pending in the court of learned J.M.F.C., Digapahandi on the grounds stated.
3. Perused the FIR i.e. Annexure-1. The case diary is produced and also the medical reports of the injured and the same are gone through. Referring to Annexure-2, it is submitted to the Court that the co-accused, namely, B. Sibaram Patra @ Siba has been granted bail by the learned Sessions Court. The further submission is that the petitioners are not the assailants, instead as per the FIR i.e. Annexure-1, it was the co- accused named above and his father, namely, Krushna Patra. With the above submission, release of the petitioners is demanded. Recorded the objection of the State. The medical examination reports reveal that the injured received abrasion, lacerations and a bruise with a stitched wound in respect of injured, namely, Kalia Patra. For the said report of the injured
having a stitched wound does not have a medical opinion but in so far as the other one is concerned, he received lacerations and bruise and both are simple in nature. Considering the above
facts and submissions of learned counsel for the respective parties and the FIR i.e. Annexure-1, the Court finds that the other two accused persons are primarily responsible for the assault by means of a knife and sword and one of them is already on bail in G.R. No.413 of 2025 by the order of the learned Sessions Judge, Berhampur, Ganjam in BA No.1105 of 2025 as made to reveal from Annexure-2 and though is not in favour considering the plea for pre-arrest bail but is inclined to direct the petitioners to surrender before the learned court below for being released with conditions.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C., Digapahandi within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.413 of 2025 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge Balaram Designation: PERSONAL ASSISTANT