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2026 DAILYLAW 20134 (ORI)

TAPAN KUMAR BHOLA v. STATE OF ODISHA

ABLAPL/4819/2026 · 2026-05-21

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4819 of 2026 Tapan Kumar Bhola …. Petitioner Mr. P.C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.05.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Bolagarh P.S. Case No.38 of 2026 corresponding to G.R. Case No. 129 of 2026 pending in the file of learned J.M.F.C., Cog. Taking, Khurda on the grounds stated therein. 3. Recorded the submissions of learned counsel for the respective parties. This Court by order dated 5th May, 2026 had directed the State to submit the medical examination report of the injured, which is produced today and the same reveals him to have received two incised wounds on the left deltoid and right side back, however, stated to be simple in nature with an opinion therein that it might have been caused by a sharp object. Mr. Jena, learned counsel for the petitioner submits that the petitioner is a young boy aged about 17 years and the incident took place suddenly involving the injured and since, he has no other antecedent, this Court allowed him to go on bail upon his surrender before the learned court below. Page 2 of 3 4. Perused the case diary and statements of the witnesses recorded under Section 180 BNSS. The circumstances under which the alleged incident took place have been narrated by the witnesses examined by the police. Considering the circumstances leading to the assault in the hands of the petitioner and that the victim, namely, Lozman Hazim Khan (Suhel Khan) received incised wounds but are not grievous, this Court, though not in favour of entertaining his bail plea, is inclined to direct him surrender before the learned court below for being released with stringent conditions. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C., Cog. Taking, Khurda within three weeks from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No. 129 of 2026 arising out of Bolagarh P.S. Case No.38 of 2026 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is further directed that the petitioner shall stay away from the victim and to not cause any harm in any manner whatsoever while on bail and in case, he is found to be a minor as is claimed being 17 years old, learned court below shall do well to transmit the case record to the JJB, Khurda or Children’s Court for further orders. Page 3 of 3 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT