Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5129 of 2026
Biswambhar Mahapatra & others …. Petitioners
Mr. B.P.Nanda, Advocate
-Versus-
State of Odisha …. Opposite Party
Mrs. S. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 12.05.2026
01.
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 Chhendipada P.S. Case No. 161 of 2026 corresponding to G.R. Case No. 462 of 2026 pending in the file of learned JMFC, Chhendipada on the grounds stated therein.
3. Gone through the F.I.R. as at Annexure-1 and the allegations therein. It is submitted that the petitioners had protested plying of commercial vehicles through their village and for that, the F.I.R. has been lodged with false allegations made. It is submitted that there has been no extortion as alleged by the informant and therefore, the demand of Rs.10,000/- from each of the drivers of the vehicles is utterly false. It is fairly admitted by learned counsel for the petitioners that each of the accused persons is having antecedent but under the Forest Act. p. 2 Recorded the objection of the State. On a reading of the F.I.R. the names of the petitioners not to have been mentioned. In fact, the accused persons responsible for the alleged incident have been named in the F.I.R. along with others. It is claimed that the entire village was opposing the movement of the vehicles loaded with coal and the protest was by forty to fifty persons of the village including women and therefore, considering the F.I.R., the petitioner should be allowed to go on bail. Considering the above facts and submissions of learned counsel for the respective parties, the F.I.R. having been lodged by the President of a Truck Owners Association alleging extortion against the accused persons named, this Court, recording the submission of Mrs. Mohanty, learned ASC for the State that the injuries received by the drivers to be simple, is inclined to direct them to surrender before the learned court below for being released even though a case for pre-arrest bail is not made out.
4. Accordingly, it is ordered.
5. In the result, ABLAPL is disposed of. It is further
directed that in the event, the petitioners surrender within a fortnight from today before the learned JMFC, Chhendipada in connection with Chhendipada P.S. Case No. 161 of 2026 corresponding to G.R. Case No. 462 of 2026, they shall be released on bail subject to them furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other p. 3 suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, all shall furnish an undertaking at the local P.S. not to commit any similar mischief in future.
6. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge
kabita