p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5328 of 2026 Prafulla Kumar Behera & another …. Petitioners Mr. P.K. Kundu, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No.5597 of 2026 Priyaranjan Padhi …. Petitioner Mr. D. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC And ABLAPL No.5666 of 2026 Santosh Nayak and another …. Petitioners Mr. D. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.05.2026 01. 1. All the ABLAPLs are taken up together and disposed of by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection p. 2 with G.R. Case No.306 of 2026 corresponding to Niali P.S. Case No.317 of 2026 pending in the file of learned J.M.F.C., Niali on the grounds stated therein. 4. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for both the sides. From the FIR, the Court finds that a case under Section 109 BNSS has been registered with other allied offences besides Section 74 BNSS. It is submitted to the Court by learned counsel for the petitioners that during the time of a festival, the petitioners and other accused persons said to have committed the overt acts against the local police officials and caused injury to one of them. Mr. Das, learned counsel for the petitioners in ABLAPL No.5597 and 5666 of 2026 submits that some of the co-accused persons have been released on bail pursuant to the orders of learned Sessions Court in ABLAPL Nos.481 and 530 of 2026 and therefore, considering the same, the petitioners should be allowed to go on bail with any conditions. Mr. Panda, learned ASC for the State submits that one of the Home Guards received injury as made to reveal from the FIR itself and he received a treatment at the local CHC, hence, the accused persons committed the excess and therefore, they should not be enlarged on bail. The Court finds that a group of men said to have committed the mischief, at a time when, the police conducted a raid and apprehended some of them. But from the FIR, the Court further finds that no serious injury shown to have been received by the Home Guard named therein. It is claimed by learned counsel for the petitioners that the Home p. 3 Guard has not received any serious injury and it was a push and pull that happened during the alleged incident. Considering the above facts and submissions of learned counsel for the respective parties in absence of anything revealed in the FIR regarding any serious injury to have been received by the named Home Guard, this Court, recording the claim that no one is having similar antecedent, is inclined to direct the petitioners to surrender before the learned court below for being released, though not in favour entertaining their bail plea. 5. Accordingly, it is ordered. 6. In the result, all the ABLAPLs are disposed of directing the petitioners to surrender before the court of learned J.M.F.C., Niali within three weeks from today in connection with G.R. Case No.306 of 2026 corresponding to Niali P.S. Case No.317 of 2026, they shall be released on bail upon furnishing a bail bond of Rs.15,000/-(rupees fifteen thousand) each with one solvent surety for the like amount each with such other conditions imposed. The above order, as is further directed, shall not be given effect to, if the concerned Home Guard received any serious injury for the assault during the alleged incident and subject to verification and absence of similar antecedents against the petitioners. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU