Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6459 of 2026 Baliram Nayak ..... Petitioner
Represented by Adv. - Janaki Kanta Mahapatra -versus- State Of Odisha ..... Opposite Parties
Represented by Adv. – S.Mishra, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 17.06.2026
Order No.
01.
1. This matter is taken up through Virtual Mode.
2. Heard learned counsel for the Petitioner and learned Counsel for the State. Perused the records.
3. This is an application under Section 482 of B.N.S.S., 2023 filed by the Petitioner for anticipatory bail.
4. On perusal of the record, it appears that no F.I.R has been registered against the petitioner as of now. Learned counsel for the Petitioner contended that the Petitioner apprehends his arrest in connection with case which is likely to be registered at the instance of the informant for commission of an alleged offence under Section 318(4) of BNS.
5. On a careful consideration of the FIR as well as the submission made by the learned counsel for the Petitioner, this Court is of the view that since no formal FIR has been registered
Page 2 of 2. there is no likelihood of the Petitioner being arrested. Accordingly, the present Anticipatory Bail Application is not maintainable.
6. While disposing of the present Anticipatory Bail Application, this Court directs that the Arresting Officer shall first explore the possibility of applying the provisions of Section 35 of the B.N.S.S., in the event the case of the Petitioner comes within the parameters of the Section 35 of B.N.S.S and the Arresting Officer shall also keep in view the law laid down by the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & anr. reported in (2022) 10 SCC 51.
7. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Vacation Judge Anil
Designation: Junior Stenographer