Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1608 of 2026
Muralidhar Senapati & another …. Petitioners Mr. A.P. Mahapatra, Advocate
-Versus-
State of Odisha …. Opposite Party Ms. S. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 23.03.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Baseli Sahi P.S. Case No.34 of 2026 corresponding to G.R. Case No.129 of 2026 pending in the court of learned J.M.F.C.(Cog.-II), Puri on the grounds stated.
3. Gone through the FIR as at Annexure-1 and therein, the alleged incident has been narrated. Learned counsel for the petitioners submits that the co-accused persons, who are the assailants are on bail by the order of the learned Sessions Judge, Puri in B.A. No.175 of 2026 and hence, the petitioners should be granted pre-arrest bail pending investigation. Ms. Mohanty, learned ASC for the State submits that one of the injuries received by the husband of the informant is grievous, which according to learned counsel for the petitioners, it is not on any vital party of his body but on the right hand thumb. A copy of the order in B.A. No.175 of 2026 of the Sessions Court dated 12th February, 2026 in respect of the accused persons,
namely, Banti@ Mukesh Ku. Senapati and Subham Senapati @ Happy alleged to be the assailants is produced for the Court’s perusal. Considering the above facts and submissions of
learned counsel for the respective parties and the claim that the petitioners do not have criminal antecedents and hence, first- time offenders, this Court is of the view that though a case for pre-arrest bail is not made out but they should be directed to surrender before the learned court below for being released with stringent conditions.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C.(Cog.-II), Puri within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.129 of 2026 on furnishing a bail bond 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 activities, while on bail and to cooperate the I.O. in the investigation as and when summoned.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge Balaram Designation: PERSONAL ASSISTANT