Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 2347 (ORI)

PRAKASH MAHAKUR v. STATE OF ODISHA

ABLAPL/1883/2026 · 2026-04-07

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1883 of 2026 Prakash Mahakur and another …. Petitioners Mr. S.G. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Muribahal P.S. Case No.01 of 2026 corresponding to G.R. Case No.01 of 2026 pending in the file of learned J.M.F.C., Muribahal on the grounds stated therein. 3. Perused the FIR as at Annexure-1. It is submitted to the Court by the learned counsel for the petitioners that the petitioners do not have any antecedents but apprehend arrest for the alleged incident for the report lodged at the behest of the informant, a truck driver. 4. Recorded the objection of the State. 5. On a reading of the FIR, this Court finds that the informant was returning from Visakhapatnam to Chhattisgarh with loaded Chickpea and on reaching at the spot, three unknown culprits arrived and abused him in obscene language p. 2 and assaulted and removed 10 packs of Chickpea and cash of Rs.9,000/- with a mobile handset from him. It is claimed that the petitioners are not responsible for the alleged incident. The investigation is underway, as informed to the Court by the learned counsel for the petitioners. Considering the above facts, even though a case of pre-arrest bail is not made out, considering the fact that the names of the petitioners are not revealed from the FIR which is quite obvious for unknown miscreants committed the mischief and as one of them is claimed to have previous antecedent, this Court, with the submission of Mr. Panda, learned ASC for the State recorded, is of the view that both should be directed to surrender before the learned court below for being released subject to verification of criminal antecedent. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioners surrender within a fortnight from today before the learned J.M.F.C., Muribahal in connection with Muribahal P.S. Case No.01 of 2026 corresponding to G.R. Case No.01 of 2026, they shall be released on bail subject to them on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. The above order shall not be given effect to if any of the petitioners is having criminal antecedent. It is also directed that the learned court below shall go through p. 3 the case diary and other police papers to ascertain the criminal antecedents before complying the direction as aforesaid. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok