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2026 DAILYLAW 23947 (ORI)

SUJIT PATRA v. STATE OF ODISHA

ABLAPL/7336/2026 · 2026-07-02

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7336 of 2026 Sujit Patra …. Petitioner Mr. A.R.Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 02.07.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with Baliapal P.S. Case No.268 of 2026 corresponding to C.T. Case No.749 of 2026 pending in the file of learned J.M.F.C., Basta on the grounds stated. 3. Perused the FIRs as at Annexures-1 & 2. Recorded the submission of Mr. Panda, learned counsel for the petitioner. It is alleged that the informant is involved in illegal extraction of stone from a quarry, hence, the F.I.R. as at Annexure-2 lodged from the side of the petitioner and it has been followed by a false F.I.R. i.e. Annexure-1. The said F.I.R. is lodged a day after the report of the informant. Considering the above claim and submissions of learned counsel for the respective parties, this Court is inclined to direct the petitioner to surrender before the learned court below seeking regular bail and in case of rejection, to approach the Sessions Court. This Court is also of the view that the plea of bail of the petitioner is to be considered in juxtaposition to the claim and the allegation against the informant in view of the F.I.R. i.e. Annexure-2 lodged by him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C., Basta in connection with C.T. Case No.749 of 2026 and moves an application of regular bail, it shall be dealt with and disposed of calling upon report from the I.O. concerned with reference to Baliapal P.S. Case No. 276 dated 3rd June, 2026 in order to ascertain any such involvement of the informant therein and his participation in illegal extraction of stone from a quarry and thereafter to pass appropriate order during the first hour and in the event of rejection, they shall approach the Sessions Court for orders on the same day during second hours itself and for the said purpose, lower court record shall be made available. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita