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2026 DAILYLAW 4974 (ORI)

PRASANNA BEHERA v. STATE OF ODISHA

ABLAPL/1243/2026 · 2026-03-09

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1243 of 2026 Prasanna Behera & others &. Petitioners Mr. J.K. Panda, Advocate -Versus- State of Odisha &. Opposite Party Mr. S.N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Boudh P.S. Case No.419 of 2023 corresponding to C.T. Case No.459 of 2023 pending in the file of learned S.D.J.M., Boudh on the grounds stated therein. 3. Perused the FIRs as at Annexures-1 & 2. The medical examination report of the injured is at Annexure-3 and the same is also perused. From the said report, this Court finds that the victim received couple of injuries on his head and one of such injuries is a laceration stated to be grievous. 4. Learned counsel for the State produced the case diary and other relevant police papers and submits that the victim, namely, Sanjit Swain @ Sanjay Swain received the lacerated injury on his head and the same is found to be grievous. p. 2 5. In course of hearing, a copy of ABLAPL No.4321 of 2024 dated 5th August, 2024 is produced by the learned counsel for the petitioners to submit that the petitioners were granted bail but could not avail the same. The earlier order in the ABLAPL, was however subject to absence of criminal antecedents and any such grievous injury received by the victim. It is informed to the Court that the petitioner is having three antecedents. As the medical examination report at Annexure-3 revealed one of the injuries as grievous, hence, the petitioners did not surrender before the learned court below, as was directed by this Court. But, considering the fact that there has been counter FIR lodged, a copy of which is at Annexure-2 and both sides have had a quarrel at the time of alleged incident and exchanged of assault by means of Thenga, lathi, iron rod etc. and as a result, the above named victim received one of the injuries on his head stated to be grievous, this Court, for the submissions of the learned counsel for the respective parties and under the impression that substantial part of investigation must have been over by now, is inclined to direct the petitioners to surrender before the court concerned for being released on bail with stringent conditions imposed. 6. Accordingly, it is ordered. 7. In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioners surrender within a fortnight from today before the learned S.D.J.M., Boudh in connection with Boudh P.S. Case No.419 of 2023 corresponding to C.T. Case No.459 of 2023, they shall be p. 3 released on bail subject to them furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with one solvent surety for the like amount each to the satisfaction of the learned 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 attend the P.S. before the I.O. once in a fortnight for the purpose of investigation and to furnish an undertaking not to involve in any such criminal activities, while on bail. It is further directed that if any of the condition(s) is/are violated by the petitioners causing any harm or injury to the informant/victim after their release, it shall entail cancellation of bail granted to them without reference to this Court. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok