Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1091 of 2026
Kanhu Charan Jena @Kanhu Jena & others …. Petitioners Mr. D.J. Sahoo, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. M.K. Mohanty, ASC
A N D
ABLAPL No.2835 of 2026
Ghanashyam Jena & others …. Petitioners Mr. D.J. Sahoo, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. M.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 16.03.2026
01.
1. Both the ABLAPLs are taken up together and disposed of by the following common order.
2. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with C.T. Case No.1099 of 2025 arising out of Singla P.S. Case No.280 of 2025 pending in the court of learned J.M.F.C., Basta on the grounds stated therein.
3. Perused the F.I.R as at Annexure-1. It is submitted that there is a counter FIR lodged, which is at Annexure-2 in p. 2 ABLAPL No.2835 of 2026. Complying the Court’s earlier
order dated 25th February, 2026, learned counsel for the State produced the medical examination report and also the case diary with the statements of the witnesses recorded during investigation. From the reports, it is made to understand that none of the victims apparently received any grievous injury. One of the injuries of the victim, namely, Subash Jena is an operated scalp mark over left forearm; Minati Jena had an eroded toe nail in the right foot, whereas, the other victim, namely, Khagendra Jena received a laceration wound and two of them have been referred to F.M. Medical College and Hospital, Balasore. The circumstances under which the alleged incident took place have been narrated by the witnesses in their statements recorded under Section 180 BNSS. It is claimed that injuries have also been received from the side of the petitioners. Even though, the allegation in the FIR i.e. Annexure-1 is that the assault was by means of dangerous weapons but the injuries are not such and seem to be not grievous. This Court recording the submissions of learned counsel for the respective parties and that the investigation is under way, this Court, though not inclined to grant pre-arrest bail to any of them, is of the view that they should instead be directed to surrender before the learned court below for being released with stringent conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petitions stand disposed of with a direction to the petitioners to surrender before learned J.M.F.C., Basta within a fortnight from today and in the event, p. 3 they surrender in compliance thereof, shall be released on bail in connection with C.T. Case No.1099 of 2025 on furnishing bail bonds of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not involve themselves in similar mischief with the other side after being released and to cooperate the I.O. in the investigation and attend the P.S. as and when called upon. 6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT