p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 367 of 2026 Gadadhar Behera …. Petitioner Mr. P.K. Nayak, Advocate -Versus- State of Orissa …. Opposite Party Mr. M. K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.01.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R Case No.864 of 2025 pending in the file of learned S.D.J.M., Bhadrak arising out of Bhadrak (Town) P.S. Case No.225 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1. The copy of the chargesheet is at Annexure-2. Perused the case diary and statements of the witnesses recorded under Section 180 BNSS during investigation. The witnesses present near the spot described alleged incident and manner in which, the deceased was treated by the accused persons including the petitioner. Learned counsel for the petitioner submits that the name of the present accused is not mentioned in the FIR i.e. Annexure-1. Page 2 of 3 However, the petitioner has been chargesheeted as per Annexure-2 for an offence under Section 103(1) BNS. Learned counsel for the State produced the case diary and all such statements of the witnesses recorded under Section 180 BNSS including the PM report. As per the said report, the death has been caused due to several injuries ante-mortem in nature with an opinion that it could have been caused due to hard and blunt force impact. The statements of the witnesses under Section 180 BNSS made to reveal that the accused persons had a quarrel with the owner of a hotel and thereafter, the deceased arrived with whom, they had a fight as well and during and in course of events, he was pushed and as a result, fell down on ground and sustained a head injury and succumbed to the same. Admittedly, the name of the petitioner is not mentioned in the FIR lodged by the wife of the deceased, who was not present at the spot. But from the details of the circumstances narrated by the witnesses examined during investigation with their statements recorded under Section 180 BNSS, the Court finds that the mischief committed by the petitioner claimed by them was on the spur of moment. The death is for having received a blunt force impact on the head by the deceased as made to reveal from the post-mortem report. Considering entirety of the evidence collected and even though, there has been a chargesheet under Section 103(1) BNS made to reveal from Annexure-2, this Court is of the view that the petitioner is though not entitled to anticipatory bail but should be directed to p. 3 surrender before the learned court below for being released with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned S.D.J.M., Bhadrak within a fortnight from today, it is directed that he shall be released on bail in connection with G.R Case No.864 of 2025 corresponding to Bhadrak (Town) P.S. Case No.225 of 2025 upon furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount with such other conditions imposed by the Court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall attend the court below for the purpose of enquiry and trial till the commitment of the case and submit an undertaking to the effect that he shall not influence any of the material witnesses connected to the case in any manner, whatsoever, after being released on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer