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2026 DAILYLAW 18751 (ORI)

PABITRA BEHERA v. STATE OF ODISHA

ABLAPL/5457/2026 · 2026-05-20

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5450 of 2026 ABLAPL No.5455 of 2026 ABLAPL No.5457 of 2026 ABLAPL No.5476 of 2026 ABLAPL No.5450 of 2026 Babina Parida …. Petitioner Mr. A.K. Budhia, Advocate -versus- State of Odisha …. Opposite Party Mr. Jateswar Nayak, AGA ABLAPL No.5455 of 2026 Laxmidhar Sahoo …. Petitioner Mr. A.K. Budhia, Advocate -versus- State of Odisha …. Opposite Party Mr. Jateswar Nayak, AGA ABLAPL No.5457 of 2026 Pabitra Behera …. Petitioner Mr. A.K. Budhia, Advocate -versus- State of Odisha …. Opposite Party Mr. Jateswar Nayak, AGA ABLAPL No.5476 of 2026 Sreedhar Sahu …. Petitioner Mr. A.K. Budhia, Advocate -versus- State of Odisha …. Opposite Party Mr. Jateswar Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.05.2026 02. 1. Heard. 2. In all the above cases, the petitioners are seeking pre-arrest bail in connection with Jakhapura P.S. Case No.85 of 2026 corresponding to C.T. Case No.762 of 2022 registered for alleged commission of offences punishable under Sections 303(2)/316(3)/347(1)/317(2)/3(5) of the BNS, 2023, pending in the Court of the learned J.M.F.C., Jajpur Road. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail applications, no other bail application of the petitioners are pending in any other Court relating to the aforesaid F.I.R. 4. The informant lodged a complaint against the petitioners before Jakhapura Police Station alleging that the his company hired 7 nos. of trucks for transportation of Lam Coke from Vizag to JSL Steel Plant, Jakhapura, but on the way, the driver and owner of the above vehicles committed theft of the original nut cokes and mixed other slags by tampering seals. Hence, the case. 5. Learned counsel for the petitioners submits that the petitioners are the owners of the vehicles in which the alleged theft of lam coke were being transported. He submits that about 6 to 7 vehicles were illegally transporting the coke. The petitioners are the owners of the said vehicles they were not present at the spot. On the basis of the disclosure statement of the driver and the cleaner of the vehicles carrying steal coke. The petitioners are arrayed as accused. Learned counsel for the petitioners specifically submits that the petitioners do not have any criminal antecedents. 6. Regard being had to the nature of allegations against the petitioners in all the above anticipatory bail applications and the since the petitioners do not have any criminal antecedents as stated by learned counsel for the petitioners, I am inclined to grant the petitioners in anticipatory bail in all the above cases. Accordingly, it is directed that in the event the petitioners are arrested, they shall be released by the Arresting Officer subject to the verification of their similar criminal antecedents, they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 7. In the event, the petitioners are found involved in similar case in future, the concession of pre-arrest bail granted by this Court shall be withdrawn. 8. All the above ABLAPLs are accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.