Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1995 of 2026
Dayanidhi Sahani & Others …. Petitioners
Mr. P.C. Dash, Advocate
-Versus-
State of Odisha …. Opposite Party
Mrs. S.Mohanty, ASC
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 petitioners in connection with Mahanga P.S. Case No.49 of 2026 pending in the file of learned JMFC, Mahanga corresponding to G.R. Case No.64 of 2026 on the grounds stated. 3. Perused the FIR as at Annexure-1. The alleged incident took place in a hospital when petitioner No.4 had been to there for treatment. It has been alleged in the F.I.R. that while attending the above petitioner, the alleged incident took place, during which, nearly ten to twelve persons assaulted the informant by means of slaps and kicks causing injuries to him. The case diary is produced for the Court’s perusal and the same is gone through. It is revealed from the case diary that petitioner No.4, while being treated at the hospital, the
informant was assaulted. The Court finds the victim to be the Attendant at the relevant point of time. The medical examination report of the victim is also produced and it shows him to have received a laceration and swellings. The laceration injury is stated to be grievous but from the F.I.R. it is made to understand that ten to twelve others who had accompanied petitioner No.4 did the mischief and caused the injuries to the informant. The other petitioners apprehend arrest in view of the F.I.R. for the reason that the informant was assaulted during the alleged incident. One of the petitioners, namely, petitioner No.5 is a lady and that apart, petitioner No.1 is an elderly person aged about 69 years. Considering the circumstances under which the alleged incident took place while petitioner No.4 was being treated by the informant, recording the objection of the State and that in course of events, the assault took place causing a laceration injury to the victim, this Court in absence of any other criminal antecedent, as is claimed by learned counsel appearing for them, this Court though not in favour of granting pre-arrest bail to the petitioners but is of the view that they should be directed to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid.
In the event, the petitioners surrender before the court of learned JMFC, Mahanga within a fortnight from today, it is directed that they shall be released on bail in connection with Mahanga P.S. Case No.49 of 2026
corresponding to G.R. Case No.64 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned 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 with an additional condition that none and petitioner No.4, in particular, shall cause any harm to the informant, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita