p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1369 of 2026 Sasibhusan Panda &. Petitioner Mr. P.K. Das, Advocate -Versus- State of Odisha &. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.03.2026 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.426 of 2024 pending in the file of learned N.G.N. Cum-J.M.F.C., Rajnagar, Kendrapara arising out of Rajnagar P.S. Case No.0321 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court that no case under Section 420 IPC is made out since it is a civil dispute in the family of the petitioner. Learned counsel for the petitioner submits that the petitioner disposed of the property in question in favour of the informant in the year 2008. However, in view of the dispute in the family, the FIR has been lodged by the purchaser. The further submission is that the petitioner should be protected by an order of the Court in view of the decision of the Apex Court in Arnesh Kumar p. 2 Vrs. State of Bihar (2014) 8 SCC 469 and Satender Kumar Antil Vrs. Central Bureau of Investigation and another (2022) 10 SCC 51. Recorded the submission of learned counsel for the State. Since, an order under Section 420 IPC is alleged but considering the peculiar nature of dispute in the family of the petitioner at the share in his favour has been opposed by other two co-sharers, this Court is inclined to direct that he shall be summoned in terms of Section 35(3) BNSS in connection with the case in terms of the decision (supra) instead of being immediately arrested. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer