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2026 DAILYLAW 18654 (ORI)

PURNA CHANDRA BISWAL v. STATE OF ODISHA

ABLAPL/1003/2026 · 2026-05-07

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1003 of 2026 Purna Chandra Biswal …. Petitioner Mr. G. B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC Mr. S.N. Mishra-4, Advocate for the Informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.05.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Nayapalli P.S. Case No.672 of 2025 corresponding to C.T. Case No.1382 of 2025 pending in the court of learned J.M.F.C.-III, Bhubaneswar on the grounds stated. 3. Perused the FIR as at Annexure-1. Referring to a copy of the agreement between the parties i.e. Annexure-2, it is submitted by learned counsel for the petitioner that the vehicle in question is presently in the custody of the local P.S. and not with the petitioner. Furthermore, it is submitted that the petitioner has not received the amount i.e. Rs.2 lac from the informant, which was given to him at the time of taking over possession of the vehicle by mortgage and considering the nature of dispute between the parties, consequent upon the agreement as per Annexure-2, the petitioner is entitled to go on bail, since no any offence under Section 316(2) BNS is committed by him. On the other hand, Mr. Mishra, learned counsel for the informant submits that the petitioner is having other antecedents of similar nature. In response to the above, Mr. Singh, learned counsel for the petitioner submits that the petitioner is on bail in other cases. Recorded the objection of the State with reference to the FIR. Regarding the vehicle in question, it is informed to the Court by Mr. Mishra, learned counsel for the informant that the same is with the local police. Considering the nature of dispute inter se parties subsequent to the agreement dated 24th August, 2023 and there is allegation of violation of conditions of the contract since the petitioner is alleged to have retained the custody of the vehicle even after the period of agreement, this Court is inclined to entertain his plea for pre-arrest bail and accordingly, it is ordered. 4. In the result, the ABLAPL petition stands disposed of with a direction that the petitioner, in the event, arrested in connection with C.T. Case No.1382 of 2025 arising out of Nayapalli P.S. Case No.672 dated 15th November, 2025, he shall be released on bail by the Arresting Officer on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount. It is directed that the petitioner shall cooperate the I.O. in the investigation till it is over. It is further directed that the petitioner shall not commit any mischief involving the informant for the dispute between them, while on bail. 5. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT