Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 6512 (ORI)

SISIR KUMAR PATRA @ CH. SISIRA KUMAR PATRA v. STATE OF ODISHA

ABLAPL/2765/2026 · 2026-04-23

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2765 of 2026 Sisir Kumar Patra @ Ch. Sisira Kumar Patra and another ..... Petitioners Represented By Adv. – Mr. Jyotirmaya Sahoo -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. C.M. Singh, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel appearing for the State-Opposite Party. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Nimakhandi P.S. Case No.43 of 2026, corresponding to G.R. Case No.266 of 2026, pending in the court of learned J.M.F.C.(R) Cog., Berhampur, registered for alleged commission of offences punishable under Sections 191(2)/ 191(3)/ 324(4)/ 333/ 296/ 115(2)/ 109(1)/ 351(2)/190/303(2)/190/303(2) of B.N.S. 2023 read with Sections 25(1-B)(a)/25(1)(a) of Arms Act, 1959. Page 2 of 3. 4. It is stated by the learned counsel for the Petitioners that no injury has been sustained by the injured and a xerox copy of the Medical Examination Report dated 18.02.2026 was produced before this Court which reveals that injured N. Dipak Ranjan Patra, S/o. N. Gangadhar Patra, who is an injured in this case, has not sustained any external injury. He further contended that although the Petitioners are having two other criminal antecedents, however the same are not of similar nature. He further contended that the Petitioners belong to the locality, therefore, there is no chance of their absconding. On such ground, learned counsel for the Petitioners contended that the Petitioners be released on pre-arrest bail on any stringent terms and conditions. 5. Learned counsel for the State, on the other hand, objected to the release of the Petitioners on pre-arrest bail on the ground that investigation is at preliminary stage. Therefore, release of the Petitioners at this stage would cause delay in conclusion of the investigation. 6. Taking into consideration the aforesaid facts, although this Court is not inclined to grant pre-arrest bail to the Petitioners, however it is directed that in the event the Petitioners surrender before the court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Page 3 of 3. Petitioners as well as injury report. In the event it is found by the court below that the Petitioners are having more than two criminal antecedents or the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. The release of the Petitioners shall also be subject to such other terms and conditions as would be imposed by the court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail. 7. Further, the release of the Petitioners shall also be subject to furnishing a cash security of Rs.3,000/- (Rupees three thousand) each before the court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial. 8. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis