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2026 DAILYLAW 326 (ORI)

RAKESH SWAIN v. STATE OF ODISHA

ABLAPL/1452/2026 · 2026-03-16

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1452 of 2026 Rakesh Swain …. Petitioner Mr. D.K. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. N.Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Patkura P.S. Case No.3 of 2026 corresponding to G.R. Case No.24 of 2026 pending in the file of learned S.D.J.M., Kendrapara on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1 and it reveals that some miscreants committed theft of grocery items and burnt down the shop of the informant. Since the petitioner is called upon by the local police, he apprehends arrest as informed to the Court by learned counsel appearing for him. No one has been named in the F.I.R. which is against unknown persons. But the petitioner apprehends arrest. This Court, recording the submission of learned counsel for the State, is of the view that the investigation should reveal the real culprits. Referring to the case diary, it is informed to the Court that the name of the p. 2 petitioner has been disclosed by a juvenile-in-conflict with law. In fact, the case diary and other relevant police papers are submitted to the Court including statement of the juvenile revealing the name of the petitioner. Under the above circumstances, considering the submissions of respective parties, this Court is not inclined to consider the plea of pre- arrest bail as has been advanced by the petitioner, however, is of the view that he should surrender before the learned court below seeking regular bail pleading parity. 4. Accordingly, it is ordered. 5. In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioner surrender within fortnight from today before the learned S.D.J.M., Kendrapara in connection with Patkura P.S. Case No.3 of 2026 corresponding to G.R. Case No.24 of 2026 and moves an application for regular bail, it shall be duly considered in the first hour and in case of rejection, he shall approach the Sessions Court during the second hour for orders on the same day itself considering the plea of parity. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra