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2026 DAILYLAW 20145 (ORI)

DEBASIS BINDHANI v. STATE OF ODISHA

ABLAPL/5461/2026 · 2026-05-20

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5461 of 2026 ABLAPL No.5462 of 2026 ABLAPL No.5461 of 2026 Debasis Bindhani …. Petitioner Mr. S.K. Barik, Advocate -versus- State of Odisha …. Opposite Party Ms. Suvalaxmi Devi, ASC ABLAPL No.5462 of 2026 Laxminarayana Mohanta …. Petitioner Mr. S.K. Barik, Advocate -versus- State of Odisha …. Opposite Party Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.05.2026 02. 1. Heard. 2. In the above two cases, the petitioners are seeking pre-arrest bail in connection with Bangiriposi P.S. Case No.104 of 2026 corresponding to C.T. Case No.392 of 2026 registered for alleged commission of offences punishable under Sections 7/11/281/3(5)/303(2) of the BNS, 2023, pending in the Court of learned J.M.F.C.-I (Cog. Taking), Baripada, Mayurbhanj. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the above bail applications, no other bail application of the petitioners are pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case is that on 19.04.2026 at about 11.06 A.M., the informant reported at the P.S. alleging that on 19.04.2026 at about 12.35 A.M. as per the direction vide GD No.19, dated 19.04.2026 as well as vide C.C No.1359441, dated 19.04.2026, he along with APR Mr. D. Behera left P.S. for performing night patrolling in different areas. They got information that 2 nos. of Bolero bearing Regd. No.OD 045 B 4573 and WB 34 N 3453 being loaded with cattle were coming from Rairangpur side to West Bengal side. On getting such information, immediately they proceeded to the spot. They blocked the road and detained the above two vehicles. They found those vehicles were loaded with 3 nos. of cows and 2 nos. of bullocks. Hence, the case. 5. It is alleged that the petitioners were escorting the vehicle in which the cattle were being smuggled and transported. It is further contended by learned counsel for the petitioners that the petitioners were not in the vehicle in which the cattle were allegedly transported. The allegations against the petitioners are only that they were escorting the vehicle in which the cattle were being transported and the disclosure statement of the accused persons those who have been transporting the cattle for slaughtering. 6. Learned counsel for the petitioners very specifically submits that the petitioners have no criminal antecedents. 7. Regard being had to the nature of allegations against the petitioners and the submissions made by learned counsel for the petitioners, I am inclined to grant the petitioners anticipatory bail. 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 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. 8 In the event, the petitioners are involved in similar case in future, the concession of pre-arrest bail granted by this Court shall be withdrawn. 9. Both the above ABLAPLs are accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.