Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13145 of 2025
Shankarshan Dalei & Others …. Petitioners Mr. S.K. Dwibedi, Advocate
-Versus- State of Odisha …. Opposite Party
Mr. S.K. Brahma, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 20.05.2026
03.
1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Birmaharajpur P.S. Case No. 226 of 2025 corresponding to G.R. Case No. 522 of 2025 pending in the file of learned S.D.J.M., Birmaharajpur on the grounds stated therein.
3. Perused the FIR as at Annexure-1. This Court had
directed the State to submit the injury reports by order dated 4th May, 2026. The reports are submitted in Court today by Mr. Brahma, learned ASC for the State along with the case diary and other police papers. From the reports, this Court finds that the informant has received simple injury, whereas, his brother, namely, Premananda Behera received a grievous injury of fracture apart from injuries like laceration and abrasion. Mr. Dwibedi, learned counsel for the petitioners submits that there is a common allegation against all. It is also submitted that there is a counter FIR lodged from the side of the petitioners, p. 2 which was followed by the informants’, hence, considering the same, the petitioners should be allowed to go on bail with conditions. Mr. Brahma, learned ASC for the State referring to the injury report of the informant’s brother opposed the bail plea of the petitioners. On a reading of the FIR, this Court finds that the alleged incident took place involving the parties. But having regard to the fact that one of the victims received a grievous injury of fracture, this Court is inclined to direct all to surrender but only for petitioner Nos.2, 3, 4 and 7 being released with conditions leaving it open for others demanding regular bail for its consideration on merit. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with the direction as aforesaid. In the event, petitioner Nos. 2, 3, 4 and 7 surrender before the court of learned S.D.J.M., Birmaharajpur within a period of three weeks from today in connection with G.R. Case No. 522 of 2025 arising out of Birmaharajpur P.S. Case No. 226 of 2025, they shall be released on bail on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one solvent surety for the like amount each with such other suitable conditions imposed as deemed just and proper in the facts and circumstances of the case. In respect of petitioner Nos.1, 5 and 6, it is directed that upon their surrender within the above stipulated period and applications moved seeking regular bail, it shall be entertained and disposed of by the court below and in case of rejection, to approach the Sessions Court for orders on the same day. Page 3 of 3
6. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT