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2026 DAILYLAW 27009 (ORI)

SUSHANTA MAHARANA @ SUSANTA KUMAR MAHARANA v. STATE OF ODISHA

ABLAPL/7879/2026 · 2026-07-20

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7879 of 2026 Sushanta Maharana @ Susanta Kumar Maharana …. Petitioner Mr. S.K.Mahanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K.Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.07.2026 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 Buguda P.S. Case No. 28 of 2026, corresponding to G.R. Case No.27 of 2026, pending in the file of learned J.M.F.C., Buguda on the grounds stated. 3. Perused the FIR as at Annexure-1. The reason behind the alleged incident is narrated therein. Recorded the submissions of learned counsel for the respective parties. It is claimed by Mr. Mahanty, learned counsel for the petitioner that the informant has received no serious injury for the alleged assault. Recorded the objection of Mr. Mohanty, learned ASC for the State. On a reading of the F.I.R., this Court finds that the incident took place after a quarrel between the parties for p. 2 disposal of waste. The allegation is about assault by the petitioner causing bleeding injuries to the informant. A case under Section 109(1) BNS has been registered. But it is made to understand that all on a sudden after a quarrel, the alleged occurrence took place and it was not pre-planned. The F.I.R. further reveals that the parties are adjacent neighbours. It is also submitted that the petitioner has no other antecedent and that he is a first-time offender and the dispute was over disposal of waste. This Court, recording the objection of the State, is inclined to direct the petitioner to surrender instead before the learned court below for being released with stringent conditions. 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., Buguda within a fortnight from today, it is directed that he shall be released on bail in connection with Buguda P.S. Case No. 28 of 2026, corresponding to G.R. Case No.27 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case, besides the following, such as, not to pick up any quarrel with the informant and cause any harm to him after being released. The above order, as further directed, shall be subject to confirmation regarding the nature p. 3 of injury received by the victim and only if the same is not grievous. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita