p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1509 of 2026 Jyafat Khan @ Jayafat Khan @ Ghadu …. Petitioner Mr. A.R. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.03.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Tigiria P.S. Case No.92 of 2025 corresponding to C.T. Case No.89 of 2025 pending in the court of learned J.M.F.C., Tigiria on the grounds stated. 3. Perused the FIR as at Annexure-1. The petitioner had earlier approached this Court in ABLAPL No.7357 of 2025 disposed of on 3rd July, 2025 with a direction for him to surrender before the learned court below seeking regular bail and in case of rejection, to approach the Sessions Court pleading parity. The submission is that the above order has not been availed of by the petitioner. Mr. Panda, learned counsel for the petitioner submits that the chargesheet is filed, hence, p. 2 under the changed circumstances and release of the co-accused persons, the plea is renewed by the present accused. The copies of the orders in ABLAPL Nos.638 and 640 of 2026 in respect of the petitioner dated 30th January, 2026 and 3rd February, 2026 respectively are also produced. Admittedly, the petitioner is having criminal antecedent. Learned counsel for the State on the other hand opposed the plea of pre-arrest bail of the petitioner and submitted the case diary and other police papers including the medical examination report of one of the injured, namely, Bikash Ranjan Biswal having received a grievous injury. In reply to the above, Mr. Panda, learned counsel submits that the petitioner is not responsible for the alleged injury to victim. The allegation in so far as the FIR is concerned, the accused persons named therein found to be responsible in the illicit transportation of cattle and in that connection, the petitioner’s involvement is alleged, hence, he apprehends arrest in the hands of the local police. But Court finds that the assault was carried out at the spot and it was at the behest of the co-accused persons named in the FIR and not the petitioner. In view of the above and as the chargesheet is filed on 30th October, 2025 after the disposal of the ABLAPL in the month of July, 2025, this Court recording the objection of the State is inclined direct the petitioner to surrender before the learned court below for being released instead of accepting his plea for pre-arrest bail. 4. Accordingly, it is ordered. p. 3 5. In the result, the ABLAPL is disposed of with the direction as aforesaid for release of the petitioner on similar terms and conditions as in ABLAPL No.638 of 2026. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU