IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14599 of 2025 Rama Chandra Mallick & others …. Petitioners Mr. M.K. Chand, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.02.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Konark P.S. Case No.258 of 2025 corresponding to G.R. Case No.900 of 2025 pending in the court of learned J.M.F.C., Konark on the grounds stated. 3. Gone through the FIR as at Annexure-1. A copy of the counter FIR lodged from the side of the petitioners is produced by Mr. Chand, learned counsel for the petitioner appearing for them. On a reading of both the FIRs, the Court finds that the alleged incident took place at a time when obsequies ceremony was in progress. It is claimed that the parties belong to one family but because of a prior dispute between them, the alleged incident took place and both sides received injuries. According to Mr. Chand, learned counsel, since only one of the victims received a fracture injury and others simple in nature, considering the reason the the incident and lodging of the FIRs against each other, the petitioners should be granted pre-arrest bail. Recorded the objection of learned counsel for the State, according to whom, he has no injury reports, however, as admitted one of the victims received a fracture injury. It is also submitted that the incident has taken place while there was a function of the family. The claim of the petitioner about the obsequies ceremony of the family is revealed from the FIR i.e. Annexure-1 so also from the counter FIR lodged on the same day itself. Considering the above facts and as the petitioners belong to the family of the informant and as there was a prior dispute, hence, was the alleged incident on the date of obsequies ceremony of the family, this Court is of the view that though they are not entitled to pre-arrest bail but all of them should be directed to surrender before the learned Court below for being released with suitable conditions imposed. 4. Hence, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C., Konark within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.900 of 2025 on furnishing bail bonds of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each to the satisfaction of the 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 besides the following, such as, they shall not pick up any quarrel or fight with the other side while on bail and to cause any further mischief involving themselves, in any manner, whatsoever, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT