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2026 DAILYLAW 23475 (ORI)

BISWANATH BARIK v. STATE OF ODISHA

ABLAPL/5892/2026 · 2026-06-23

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5892 of 2026 Biswanath Barik ..... Petitioner Represented by Adv. - Ramani Kanta Pattanaik -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. A.Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.06.2026 Order No. 02. 1. This matter is taken up on Court’s own motion through Hybrid Arrangement (Virtual /Physical Mode). 2. The above-noted anticipatory bail application was listed before this Bench on 12.06.2026 during the Vacation Court. 3. By virtue of the order dated 12.06.2026, this Court, in the first part of the order, permitted the Petitioner to carry out certain typographical corrections in the bail application. Thereafter, the anticipatory bail application was finally disposed of. 4. However, it appears that the later part of the order disposing of the anticipatory bail application was inadvertently omitted from being typed out and, the same is not reflected on order dated 12.06.2026. Page 2 of 3. 5. Considering the fact that the same is an inadvertent error. It is directed that the order dated 12.06.2026 be rectified. The entire order shall be typed out and uploaded in the official website. 6. The present application has been filed under Section 482 of the B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Salepur P.S. Case No.349 of 2025, corresponding to G.R. Case No.342 of 2025, pending in the court of learned J.M.F.C., Salepur, for alleged commission of offences punishable under Sections 331(4) and 305 of B.N.S. 7. It is stated by the learned counsel for the Petitioner that initially the FIR was lodged against unknown accused person. She contended that the Petitioner has not been specifically named in the F.I.R. She further contended that, the Investigating Agency has alleged that the petitioner is the receiver of the stolen properties and petitioner had no knowledge about the properties sold to him and although the Petitioner is having some criminal antecedents, however the Petitioner is ready and willing to abide by any stringent terms and conditions that would be imposed by this Court in the event of his release on pre-arrest bail. 8. Learned counsel for the State, on the other hand, objected to the release of the Petitioner on bail on the ground of gravity and seriousness of the allegations as well as the Petitioner is having four criminal antecedents. 9. Considering such submissions, the petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. Page 3 of 3. In such eventuality, learned court in seisin over the matter shall release the petitioner on bail subject to such terms and conditions and as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. 10. It is further directed that the bail granted to the petitioner shall be subject to depositing a cash security of Rs.5,000/-(rupees five thousand) before the learned court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide the final outcome of the trial of the case. 11. It is also directed that the bail granted to the petitioner shall be subject to the verification of his criminal antecedents. In the event, the Petitioner is having more than four criminal antecedents, then this order shall stand automatically revoked. 12. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted as per rules. (Aditya Kumar Mohapatra) Judge Rubi