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2026 DAILYLAW 218 (ORI)

SIBARAM GOUDA v. STATE OF ODISHA

ABLAPL/672/2026 · 2026-02-03

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.672 of 2026 Sibaram Gouda …. Petitioner Mr. S.K. Ray 2, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Gopalpur P.S. Case No.82 of 2024 corresponding to G.R. Case No.298 of 2024 pending in the court of learned J.M.F.C., (R), Berhampur on the grounds stated. 3. Perused the FIR as at Annexure-1. A counter FIR has been lodged from side of the petitioner, a copy of which is at Annexure-2 series. The injury report of the petitioner is at Annexure-2 series. It is submitted that petitioner has also received injury on account of the alleged incident. In so far as the petitioner is concerned, he had approached vide ABLAPL No.3924 of 2024 and was directed to be released on bail on surrender but subject to absence of any injury found to be grievous and in absence of criminal antecedents. Since one of the injuries is made to appear and stated to be grievous in the p. 2 medial examination report, it is submitted that the petitioner has approached this Court once again at present seeking pre-arrest bail on the ground that the injured, namely, Sibaji Mahakuda was examined in the month of December, 2024 long after the alleged incident dated 19th February, 2024. A copy of the medical examination report of the injured is made available and the same is perused. From the said report, the Court finds that all the injuries are simple in nature but the opinion on diagnosis is that for the assault, there has been a brain injury stated to be grievous. The submission is that injury was received by the victim when stones were thrown by the petitioner. It is claimed that one of the friends of the injured is responsible for causing injury and not the petitioner, who, rather, received injuries during the incident, for which, the counter FIR is lodged. Recorded the objection of the State. Perused the medical reports Annexure-2 series and 3 series. Both sides have received injuries as made to reveal from the record. Though, the injured was not immediately examined but upon police requisition in the month of December, 2025 and one of such grievous is stated to be grievous and the circumstances narrated in the counter FIRs i.e. Annexure-2 series underscores the claim of the informant regarding the injury, this Court in furtherance of the order in ABLAPL No.3924 of 2024 reiterates that the petitioner should be directed to surrender within the extended period and to go on bail only upon verification and absence of his past criminal antecedents. 4. Accordingly, it is ordered. Page 3 of 3 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, the petitioner surrenders before learned J.M.F.C., (R), Berhampur in connection with Gopalpur P.S. Case No.82 of 2024 corresponding to G.R. Case No.298 of 2024 within a fortnight from today, he shall be released on bail on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with the above conditions duly complied with. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU