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2026 DAILYLAW 14972 (ORI)

BICHU NAIK v. STATE OF ODISHA

ABLAPL/1906/2026 · 2026-05-04

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.960 of 2026 Pramod Naik & others …. Petitioners Mr. D. Kallol, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC And ABLAPL No.1906 of 2026 Bichu Naik …. Petitioner Mr. D. Kallol, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.05.2026 05. 1. Both the ABLAPLs are taken up together and disposed of by the following common order. 2. Heard learned counsel for the petitioners and State. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with OR Case No.74 BBL of 2025-26 corresponding to 2(b) CC No.09 of 2025 pending in the file of learned S.D.J.M., Rairakhol on the grounds stated. 4. Perused the Offence Report as at Annexure-1. It is submitted to the Court by learned counsel for the petitioners that the tusks of the elephant were found intact. The post- mortem report of the elephant is submitted to the Court by learned counsel for the State. As per said report, the Court finds that the death of the elephant has taken place due to electrocution. It is submitted that the petitioners apprehend arrest in the hands of the local police on account of the disclosure made by the co-accused, namely, Dillip Naik, who is on bail at present. Since the carcass of the elephant was recovered and the tusks were found in place and death is allegedly due to electrocution and there is no incriminating materials brought to the notice of the Court to show the involvement of the petitioners except the claim of the confessional statement of the co-accused above named, who is again on bail and therefore, it is inclined to direct all of them to surrender before the learned court below for being released with conditions though not inclined to entertain their plea for pre-arrest bail and accordingly, it is ordered. 5. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned S.D.J.M., Rairakhol in connection with OR Case No.74 BBL of 2025-26 corresponding to 2(b) CC No.09 of 2025 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.25,000/-(rupees twenty-five thousand) each with one solvent surety for the like amount each with such other suitable conditions imposed as deemed proper in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer