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2025 DAILYLAW 3464 (ORI)

SARAT BEHERA v. STATE OF ODISHA

ABLAPL/14933/2025 · 2026-02-23

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 14933 of 2025 Sarat Behera and others …. Petitioners Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.02.2026 02. 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 G.R. Case No.900 of 2025 pending in the file of learned J.M.F.C.(Cog), Khorda arising out of Baghamari P.S Case No.231 of 2025 on the grounds stated. 3. The petitioners had earlier approached this Court in ABLAPL No.13662 of 2025 and were allowed to be released on bail upon their surrender before the learned court below but subject to verification of their criminal antecedents and nature of injury. Mr. Sahoo, learned counsel for the petitioners submits that petitioner Nos.1 and 7 are having two criminal cases and others one each and therefore, they could not comply the order in the ABLPAL, hence, therefore, such a condition p. 2 should be dispensed with. Recorded the submission of Mr. Panda, learned ASC for the State, who submits that he has not received the case diary as yet. It is informed to the Court by Mr. Sahoo, learned counsel for the petitioners that no one apparently received any serious injury on account of the alleged incident which took place between the people of two villages. It is submitted that the incident is an outcome of boundary dispute between the villagers. Considering the above facts and submissions of learned counsels for the respective parties, under the impression that substantial part of investigation must have been over by now, this Court is inclined to direct the petitioners to surrender before the learned court below for being released on bail in the light of the earlier ABLAPL subject to confirmation as to absence of not more than two cases vis-à-vis petitioner Nos.1 and 7 and one each with respect to the other petitioners. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer