p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6090 of 2025 Debabrata Mishra …. Petitioner Mr.D.K.Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr.M.K.Mohanty, ASC CORAM: THE HON’BLE MR.JUSTICE ANANDA CHANDRA BEHERA Order No. ORDER 30.05.2025 01. 1. This matter is taken up through hybrid mode. 2. The petitioner has approached this Court praying for his pre arrest bail apprehending his arrest in respect of non- bailable offences under Sections 115 (2), 126 (2) of the BNS 2023 on the allegations alleged against him that, on dated 02.05.2025 at about 9.15 p.m. the petitioner assaulted informant, as a result of which the informant sustained injuries and lodged F.I.R.. 3. Basing upon the F.I.R., Dhenkanal Town P.S. case No.271 of 2025 was registered for the aforesaid offences against the petitioner and investigation was started. 4. When during investigation, the police tried to arrest the petitioner, then, he approached this Court by filing this ABALPL praying for his pre arrest bail. p. 2 5. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State. 6. When, the petitioner is apprehending his arrest in respect of a non-bailable offences under Sections 115 (2), 126 (2) of the BNS 2023 and when the provided punishment for the said offence is less than 7 years, then, at this juncture, it is felt proper to dispose of this ABLAPL filed by the petitioner finally giving a direction to the I.O. of Dhenkanal Town P.S. case No.271 of 2025 to follow the procedures contemplated under Section 35 of the BNS, 2023 corresponding to Section 41A of the Cr.P.C. and also to follow the guidelines formulated by the Apex Court in the decision reported in 2014 (8) SCC 273:Arnesh Kumar Vs. State of Bihar and Another strictly. 7. Accordingly, this ABLAPL is disposed of finally. 8. Urgent certified copy of this order be granted on proper application. (ANANDA CHANDRA BEHERA) VACATION JUDGE Bichi Designation: Secretary