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2026 DAILYLAW 11206 (ORI)

SHRIHARI BEHERA @ SIBASHIS BEHERA v. STATE OF ODISHA

ABLAPL/797/2026 · 2026-02-05

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.797 of 2026 Shrihari Behera @Sibashis Behera & others …. Petitioners Mr. J.K. Majhi, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC Mr. A.R. Panda, Advocate for the informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.02.2026 01. 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 Baliapal P.S. Case No.401 of 2025 corresponding to Special Case No.02 of 2026 pending in the court of learned Special Judge (SC/ST), Balasore on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submissions of Mr. Panda, learned counsel for the informant and also the State. Learned counsel for the petitioner submits that a case under Section SC & ST (PoA), Act is registered. Considering the above submissions of Mr. Panda, learned counsel for the informant, who appears today filing the Vakalatnama claiming that the injured received multiple injuries on account of the alleged assault and the accused persons having criminal antecedents, this Court, instead of considering anything on merits, is of the view that the p. 2 petitioners should be directed to plead for regular bail approaching the learned Special Court for a decision and disposal in accordance with the decision of this Court in Pramod Kumar Ray and others Vrs. State of Odisha reported in (2017) 67 OCR 309. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned Special Judge (SC/ST), Balasore within a fortnight from today in connection with Baliapal P.S. Case No.401 of 2025 corresponding to G.R. No.880 of 2025 and move an application for bail, the same shall be duly considered by the Special Court with a proper notice to the informant and disposed of in terms of the decision in Pramod Kumar Ray (supra). 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT