IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3333 of 2026 1. Kahna Harijan @ Kanha 2. Alekh @ Kshirod Harijan …. Petitioners Mr. S.N. Mishra 4, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 27.04.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.27/2026 pending on the file of learned J.M.F.C., Boden, arising out of Boden P.S. Case No. 28 of 2026 for commission of offences punishable under Sections 115(2)/ 121(1)/ 132/ 221/ 296/ 3(5)/ 324(3)/109(1)/ 351(2) of BNS, 2023 read with Section 3 of the Orissa Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage of Property) Act, 2008. 3. It is submitted that the allegation against the Petitioner is of creating ruckus in Community Health Center while going for treatment of co-accused Siba Pandey. 4. It is further submitted that since the overt act is attributed to the co-accused Siba Pandey, Petitioners may be protected by pre-arrest bail. 5. Learned counsel for the State opposes the prayer for pre-arrest bail, referring to the overt act committed by the Petitioners including threatening the medical staffs and causing inconvenience to the indoor patients. 6. This Court perused the statement of Radheshyam Sahoo, the injured. 7. Considering the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioners may surrender before the learned J.M.F.C., Boden in connection with the aforementioned case within one month from today. In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C., Boden on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Boden, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day. 8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C., Boden is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. The forums below are requested to verify the criminal antecedents of the Petitioners. 9. Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi