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2025 DAILYLAW 1561 (ORI)

BIRA KISHORE DAS v. STATE OF ODISHA

ABLAPL/8423/2025 · 2026-02-18

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8423 of 2025 Bira Kishore Das …. Petitioner Mr. A. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. B. Panda, ASC And ABLAPL No.8477 of 2025 Sudarsan @ Sudarshan Palai …. Petitioner Mr. A. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. B. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.02.2026 01. 1. Both the ABLAPLs are taken up for hearing and disposed of by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Nikirei P.S. Case No.22 of 2025 corresponding to G.R. Case No.35 of 2025 pending in the file of learned J.M.F.C. (Cog. Taking), Kendrapara on the grounds stated therein. 4. Perused the F.I.R. as at Annexure-1. The matter was referred to the High Court Mediation Centre, Cuttack. But the mediation has been unsuccessful as made to reveal from the report dated 3rd January, 2026 at Flag-M. In course of hearing, it is submitted that the petitioners have to pay back for an amount of Rs.90,000/- and Rs.10,000/- and at the same time, produced the demand drafts in Court today in support of such claim. Learned counsel for the informant is present. Recorded the submission of learned counsel for the State. 5. Considering the nature of dispute inter se parties as made to reveal from the Annexure-1 and since the last installments in the shape of demand draft for payment to the informant are complied with, this Court is inclined to direct the petitioners to go on bail upon their surrender before the learned court below instead of pre-arrest bail as has been demanded by them. Such payment by demand drafts is duly acknowledged by learned counsel for the petitioners receiving the same in Court today. In other words, considering the payment by the petitioners through the demand drafts received by learned counsel for the informant in compliance with the affidavit dated 1st August, 2025 at Flag-D, this Court is inclined to direct to release of the petitioners on bail with suitable conditions imposed. 6. Accordingly, it is ordered. 7. In the result, both the ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C. (Cog. Taking), Kendrapara within a fortnight from today, the petitioners shall be released on bail in connection with Nikirei P.S. Case No.22 of 2025 corresponding to G.R. Case No.35 of 2025 subject to them furnishing bail bonds of Rs.50,000/- (Rupees fifty 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. 8. The truly attested copies of the demand drafts be kept in record. 9. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra