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2026 DAILYLAW 17271 (ORI)

SUJIT KUMAR BASTIA v. STATE OF ODISHA

ABLAPL/4280/2026 · 2026-05-22

Aditya Kumar Mohapatra

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4280 of 2026 Sujit Kumar Bastia ..... Petitioner Represented by Adv. - Ashok Das -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. S.Behera, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.05.2026 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Government Advocate for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 296, 132, 109(1), 351(2), 303(2), 3(5) BNS & 25 & 27 of Arms Act in GR Case No-301 of 2026 in the Court of learned J.M.F.C., Pipili arising out of Pipil PS Case No- 218 of 2026. 4. It is stated by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He further submitted that the Petitioner is the owner of the vehicle which was involved in transport of minor mineral. He further Page 2 of 3. contended that three persons were arrested from the spot and they have been released on bail. On such ground, learned counsel for the Petitioner contended that the Petitioner is no way involved in the present crime and he is willing to surrender before the court below and cooperate with the investigation as well as the trial. 5. Learned counsel for the State on the other hand objected to release the petitioner on bail on the ground of gravity and seriousness of the allegation. 6. At this stage, learned counsel for the Petitioner submitted that the Petitioner does not want to press this bail application and seek liberty to surrender before the court below and move an application for bail. 7. Considering such submissions, keeping in view the factual matrix of the case and the fact that the Petitioner was not present at the spot, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall, taking into consideration the principles of parity, release the Petitioner on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having more than one similar criminal antecedent, then this order shall stand automatically revoked. 9. It is further directed that the bail granted to the Petitioner is Page 3 of 3. subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 10. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge Rubi