Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2007 of 2026
Akshya Behera & others …. Petitioners
Mr. S.Pattnaik, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S.Panda, 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 Infovalley P.S. Case No.16 of 2026 pending in the file of learned JMFC, Jatni, Khurda corresponding to G.R. Case No.40 of 2026 on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted that the victim, namely, nephew of the informant received injury by a fall from a bike and while claiming so, learned counsel for the petitioner refers to Annexure-2. It is submitted that co-accused namely, Bijay Kumar Behera, who was arrested in connection with the case has been released on bail by the order of the learned 3rd Additional Sessions Judge, Bhubaneswar in BLAPL No. 129 of 2026 dated 9th February, 2026. Referring to a copy of the said order of the learned Sessions Court, it is submitted the victim received the head and other injury due to a
fall from a bike. Recorded the objection of learned counsel for the State, who submitted the case diary and other police papers including the medical examination report of the victim to show that he received a lacertian on the head stated to be grievous in nature with an injury on the upper lid of the eye. It is claimed that one of the accused persons confessed before the police regarding the alleged incident. The said accused, namely, Bijay Kumar Behera, who made the confession is on bail by the order of the learned Sessions Court in BLAPL No. 129 of 2026. A copy of the confessional statement of the above accused is made available with the record and the same is gone through. At the time of medical examination, the victim was stated to be under intoxication as revealed from the Discharge Summary i.e. Annexure-2.
Considering the above facts and the release of the co-accused, namely, Bijay Kumar Behera and though one of the injuries stated to be grievous but in Discharge Summary at Annexure-2 the same is shown by a self-fall from a bike, this Court, in absence of any other past antecedent, which is claimed at present, is of the view that the petitioners, who apprehend arrest in the hands of the local police, should instead be directed to surrender before the learned court below for being released with stringent conditions instead of entertaining their plea for pre-arrest bail. 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, Jatni, Khurda within a
fortnight from today, it is directed that they shall be released on bail in connection with Infovalley P.S. Case No.16 of 2026 corresponding to G.R. Case No.40 of 2026on 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 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 besides the following, such as, they shall not cause any harm to the informant and the victim in any manner whatsoever, while on bail and to cooperate the I.O. in the investigation as and when required. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita