p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5837 of 2026 Prakash Mahakur …. Petitioner Mr. S.G. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.06.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R Case No-01/2026 pending on the file of learned JMFC Muribahal, arising out of Muribahal P.S Case No.01 of 2026, for commission of offences punishable under Sections 309(4)/ 309(6) of BNS. 3. Admittedly, this is the third journey of the Petitioner to this Court. Petitioner along with co- accused had moved this Court in ABLAPL No.1883 of 2026 and this Court by order dated 07.04.2026 gave them liberty to surrender and move for bail subject to verification of antecedents. p. 2 4. It is stated that inadvertently, it could not be brought to notice of this Court that the Petitioner has one criminal antecedent though not of similar nature for which, order dated 07.04.2026 could not be availed of. 5. The subsequent anticipatory bail application of the Petitioner i.e. ABLAPL No.5008 of 2026 stood dismissed by order dated 06.05.2026 in view of the order passed in ABLAPL No.1883 of 2026 adverted to herein above. 6. It is submitted by the learned counsel for the Petitioner that inadvertently the antecedent could not be brought to the notice of this Court and since the antecedents not being of similar nature, the Petitioner may be protected by pre-arrest bail. 7. Learned counsel for the State opposes the prayer for pre-arrest bail in view of the conduct of the Petitioner. 8. Considering the rival submission, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned JMFC Muribahal in connection with the aforementioned case within one month from today. p. 3 In the event of his surrender and motion for bail, the same be considered by the learned JMFC Muribahal on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC Muribahal, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 9. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC Muribahal is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. 10. Accordingly, the ABLAPL stands disposed of. 11. U.C.C. as per rules. (V. Narasingh) Vacation Judge Santoshi