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2022 DAILYLAW 983 (ORI)

SIBA PRASAD BEHERA v. STATE OF ODISHA

ABLAPL/2022/2026 · 2026-05-04

R K Pattanaik

body2022

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2022 of 2026 Siba Prasad Behera & others …. Petitioners Mr. S. C. Pradhan, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Brahma, ASC Mr. R. Mohanty, Advocate for informant. CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.05.2026 02. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Nikirai P.S. Case No.32 of 2026 corresponding to G.R. Case No.60 of 2026 pending in the file of learned J.M.F.C.(Cog.), Kendrapara on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submission of Mr. Pradhan, learned counsel for the petitioners, who appears through virtual mode. Mr. Ranjit Mohanty, learned counsel with his associates enters appearance for the informant and files the Vakalatnama today and the same is taken on record. The Court directs that the name of Mr. Mohanty and his other associates to be reflected in the cause list and brief henceforth. It is fairly admitted by Mr. Pradhan, learned counsel for the petitioners that the present accused had earlier approached this Court and was directed to surrender before the learned court below. In view of the above submission, the Court finds no reason to entertain the successive bail application instead grants the liberty for them to surrender before the learned court below demanding release with the plea of parity and in case of rejection to approach the Sessions Court for orders. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before learned J.M.F.C.(Cog.), Kendrapara in connection with Nikirai P.S. Case No.32 of 2026 corresponding to G.R. Case No.60 of 2026 within a fortnight from today and move regular bail, it shall be duly considered and in case rejected during the first hour, they shall approach the learned Sessions Court during for orders on the same day and for the said purpose, lower court record shall be made available at the time of hearing. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer