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2025 DAILYLAW 71968 (ORI)

BIJAYA KUMAR BEHERA v. STATE OF ODISHA

ABLAPL/11215/2025 · 2025-09-26

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 11215 of 2025 Bijaya Kumar Behera …. Petitioner Mr. N. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 26.09.2025 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.109 of 2025 pending on the file of learned S.D.J.M, Banki, arising out of Baideswar P.S. Case No.39 of 2025 for commission of offences punishable under Sections 115(2)/132/296/303(2)/321/324(4)/329(4)/351(2) of BNS. 3. It is stated that the Petitioner was before this Court in ABLAPL No.4055 of 2025 and this Court by order dated 11.04.2025 directed him to surrender and release on bail subject to verification of antecedent of similar nature. 4. It is submitted by the learned counsel for the Petitioner that inadvertently it could not be brought to the notice of this Court that the Petitioner has one p. 2 criminal antecedent i.e. G.R. Case No.376 of 2015 U/s- 341/294/323/324/384/506/34 of IPC. 5. It is further submitted that non-mentioning of the antecedent is bonafide. Hence, the Petitioner may be protected by pre-arrest bail. 6. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that since the Petitioner did not approach this Court with clean hands, no leniency ought to be shown to him. 7. Taking into account the nature of allegation, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature other than the case noted hereinabove. 8. If it comes to the fore that the Petitioner has any such criminal antecedent other than the case noted hereinabove, this order shall not be given effect to. 9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha