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2026 DAILYLAW 23670 (ORI)

BIJAY MOHARANA v. STATE OF ODISHA

ABLAPL/52/2026 · 2026-07-01

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.52 of 2026 Bijay Moharana …. Petitioner Mr. L. Sarangi, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC M/s. R. Mohapatra, Advocate & Associates CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 01.07.2026 04. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Mancheswar P.S. Case No.717 of 2025 corresponding to C.T. Case No.1990 of 2025 pending in the file of learned J.M.F.C.- II, Bhubaneswar on the grounds stated. 3. Perused the FIR as at Annexure-1. It is made to reveal from the record that the parties are litigation before the Civil Court in CS No.1494 of 2025. Mr. Sarangi, learned counsel for the petitioner would submit that only after receiving summons in the suit, the informant, who is defendant No.1 therein, lodged the FIR on 10th November, 2025. The further submission is that a lease agreement was executed in 2017 between the parties and possession of the case land was taken p. 2 over by the petitioner but thereafter, the FIR has been lodged alleging manipulation of the said document. The petitioner has also lodged a report as per Annexure-2 registered as Mancheswar P.S. Case No.272 dated 21st May, 2025. A copy of the plaint in the suit is at Annexure-4 series which is instituted by the petitioner against the informant and another seeking specific performance of contract on the strength of an agreement to sale of the year 2023. Recorded the objection of the State and also response of learned counsel for the informant. Having regard to the above facts and civil litigation between the parties and that the FIR is lodged after the suit in CS No.1494 of 2025 was instituted in the court of learned Civil Judge (Senior Division), Bhubaneswar, this Court having regard to the nature of allegations in the FIR and the fact that the petitioner claims possession of the land in question ever since 2017, this Court is inclined to entertain the bail plea directing his release with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. In the event of arrest of the petitioner in connection with C.T. Case No.1990 of 2025 corresponding to Mancheswar P.S. Case No.717 of 2025 of the court of learned J.M.F.C.-II, Bhubaneswar, it is directed by this Court that he shall be released on bail by the Arresting Officer on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like p. 3 amount with a condition to co-operate the IO in the investigation without default. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu