Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8342 of 2026
Bhagaban Behera …. Petitioner
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 27.07.2026
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.477 of 2025 pending on the file of learned J.M.F.C., Ranpur, arising out of Ranpur P.S. Case No.308 of 2025 for commission of offences punishable under Sections 80(2)/ 85/ 103(1)/ 3(5) of BNS read with Section 4 of the D.P. Act.
3. This is the second journey of the Petitioner to this Court in as much as this Court by order dated 27.11.2025 in ABLAPL No.12106 of 2025 did not entertain the application for pre-arrest bail and granted liberty to the Petitioner to surrender and seek pre-arrest bail.
4. It is further submitted by the learned counsel for the Petitioner that the said order was passed prior to submission of the final form which has been submitted in the meanwhile and the offences alleged are under Sections 80(2)/ 85/ 3(5)/ 108 of the BNS, Act 2023 r/w section 4 of the D.P. Act citing the Petitioner as an absconder.
5. It is submitted that, since the earlier accusation under Section 103(1) of the BNS is not stated in the charge sheet and is now inter alia, under Section 108 of the BNS, and considering the role ascribed to the Petitioner as Uncle-in-law, he may be protected by pre-arrest bail.
6.
Learned counsel for the State, opposes the prayer for pre-arrest bail.
7. Considering the rival submissions, this Court is not inclined to entertain this application for pre-arrest bail.
However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Ranpur in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Ranpur on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C., Ranpur, the Petitioner is at
liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Ranpur is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
Ground of parity, if any, may be considered by the learned court(s) below. The forums below are requested to verify the criminal antecedent of the Petitioner.
9. Accordingly, the ABLAPL is disposed of.
(V. NARASINGH)
Judge
Mili Designation: Junior Stenographer