Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.553 of 2025 Somanath Sahoo ..... Petitioner Represented By Adv. – Mr. Byomakesh Tripathy -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. Samresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. It is stated by the learned counsel for the Petitioners that the Petitioner apprehend that he is likely to be arrested in accusation under Section 85 of B.N.S., 2023 and other allied offences by one Anjalina Sahu (wife of the Petitioner) in Odgaon Police Station in the district of Nayagarh or in Tarasingh Police Station in the district of Ganjam, as such, the present bail application has been filed by the Petitioner seeking his pre-arrest bail. 3. Since no formal F.I.R. has been registered by the police as of now, there is no apprehension of arrest. In such view of the matter, this bail application is not maintainable. Page 2 of 2. 4. However, considering the submission made by the learned counsel for the Petitioner that the wife of the of the Petitioner is likely to be lodged F.I.R. against the Petitioner making allegation of commission of offence punishable under Section 85 of B.N.S., 2023, the Arresting Officer is directed to first explore the possibility of applying the procedure of Section 35(3)(4)(5) of B.N.S.S., 2023 as has been directed by the Hon’ble Supreme Court in the case of Arnesh Kumar vrs. State Bihar and another, reported in(2014) 8 SCC 273, before arresting the Petitioner in the event F.I.R. is lodged under Section 85 of the B.N.S., 2023. 5. With the aforesaid observation and direction, the ABLAPL is disposed of. ( A.K. Mohapatra) Judge Debasis