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2026 DAILYLAW 20164 (ORI)

NILACHALA MAHANAND @ PASA MAHANAND v. STATE OF ODISHA

ABLAPL/5451/2026 · 2026-05-20

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5451 of 2026 Nilachala Mahanand @ Pasa Mahanand …. Petitioner Mr. Trilochan Nanda, 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. The petitioner is seeking pre-arrest bail in connection with Komna P.S. Case No.138 of 2026 corresponding to C.T. Case No.135 of 2026 registered for alleged commission of offences punishable under Sections 126(2)/296/115(2)/74/117(2)/109(1)/121(2)/ 132/351(2)/3(5) of the BNS, 2023, pending in the Court of the learned Gram Nyayalaya-cum-JMFC, Komna. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the FIR is that on 01.05.2026, the police personnel of Komna Police Station had been to village Dumerbahal in connection with investigation of a case, which was lodged by the wife of one Mahindra Jagat. It is alleged that the petitioner, his father along with other villagers suddenly attacked the police staff and abused them in filthy language. They threatened the police personnel and assaulted the informant. Hence the case. 5. Learned counsel for the petitioner submits that the father of the present petitioner is an accused, who has been arrested and admitted to regular bail. He further submits that the petitioner has certain criminal antecedents. 6. In view of the above, learned counsel for the petitioner submits that, if the petitioner is protected by this Court, he will extend full cooperation with the investigation. I am not inclined to entertain the present anticipatory bail application as the petitioner has criminal antecedent. However, it is open for the petitioner to surrender before the learned trial Court and move bail application. If such bail application is moved by the petitioner, the same shall be considered on its own merit in accordance with law on the same day. The case diary be made available to the concerned courts and the records be transmitted to the higher forum at the cost of the petitioner, in case of rejection of the bail plea by the first Court and the petitioner approaches the higher forum. 7. With the aforementioned observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.