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1981 DAILYLAW 245 (ORI)

ADHARA BEHURIA @ ADHARA KUMAR BEHURIA v. STATE OF ODISHA

ABLAPL/1981/2026 · 2026-04-15

R K Pattanaik

body1981

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1981 of 2026 Adhara Behuria @ Adhara Kumar Behuria …. Petitioner Mr. A. Mishra, Advocate -Versus- State of Orissa …. Opposite Party Ms. B. K. Sahu, AGA Mr. M. K. Mallick, Advocate (Informant) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.1046 of 2025 pending in the file of learned J.M.F.C., Aul, Kendrapara arising out of Rajkanika P.S. Case No.633 of 2025 on the grounds stated. 3. Perused the FIRs as at Annexures-1 and 2. The alleged incident has been narrated in the FIR. For the same incident, the other FIR is lodged from the side of the petitioners. It is submitted that the petitioner received grievous injuries as well. Mr. Mallik, learned counsel for the informant is present and he submits that the victim, namely, Abhimanyu Behuria received a fracture and cut injury as a result of the assault. A copy of the bail order in the ABLAPL No.456 of 2026 dated 18th February, 2026 is produced to submit that the accused persons in the counter case are on bail. As it appears from the FIRs and also the bail order in the ABLAPL, both sides received injuries after assault being exchanged between them. Considering the above facts and circumstances leading to the alleged incident and recording the submissions of learned counsel for the respective parties and objection of the State and in view of the fact that both sides received grievous injuries and the injured named above though was admitted in the hospital for such injuries said to have been discharged in the meantime, this Court though not in favour of entertaining any such plea for pre-arrest bail but is of the view that the petitioner should also be directed to surrender before the learned court below for being released with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C., Aul, Kendrapara within fortnight from today, it is directed that he shall be released on bail in connection with G.R. Case No.1046 of 2025 corresponding to Rajkanika P.S. Case No.633 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall cooperate the I.O. in the investigation till the same is over and not to pick up any quarrel or fight with the informant in any manner, whatsoever, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer