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2026 DAILYLAW 2820 (ORI)

BIRANCHI MISHRA v. STATE OF ODISHA

ABLAPL/1889/2026 · 2026-04-07

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1889 of 2026 Biranchi Mishra …. Petitioner Mr. B. Karna, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 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 Manamunda P.S. Case No.41 of 2026 corresponding to C.T. Case No.58 of 2026 pending in the court of learned J.M.F.C. Kantamal on the grounds stated. 3. Perused the FIR as at Annexure-1 and it narrates the details of the alleged incident that took place with the involvement of the petitioner. Learned counsel for the petitioner submits that all the offences are bailable in nature except the one under Section 132 BNSS. The alleged incident took place at a Mandi while the weight of paddy was being taken and found to be less than claimed and at that time, the petitioner committed the mischief. For the said incident, the report was lodged by the informant, who is the Secretary of the PACS. Recorded the objection of the State. The petitioner p. 2 committed the excess for the reason stated and he claims to having no other criminal antecedent. Considering the above facts and submissions of learned counsel for the respective parties and since the petitioner as a first-time offender, accepting the claim in that regard, this Court, though not inclined to consider any such plea for pre-arrest bail but is of the view that he should instead surrender before the learned court below for being released with following conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned J.M.F.C. Kantamal in connection with Manamunda P.S. Case No.41 of 2026 corresponding to C.T. Case No.58 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with other conditions imposed besides the following, such as, he shall submit an undertaking at the local PS to not commit any such mischief in future and to co-operate the IO in the investigation, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer