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2026 DAILYLAW 6557 (ORI)

B.TRINATH PATRO v. STATE OF ODISHA

ABLAPL/3145/2026 · 2026-04-24

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3145 of 2026 B. Trinath Patro …. Petitioner(s) Mr. Dillip Kumar Sahu, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Khallikote P.S. Case No.69 of 2026 corresponding to G.R. Case No.203 of 2026 registered for alleged commission of offences punishable under Sections 126(2)/115(2)/109(1) of the BNS, 2023, pending in the Court of the learned J.M.F.C., Khallikote. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. p. 2 4. The allegation against the petitioner is that on 31.01.2026 at about 9.30 P.M., the complainant reported at the P.S. that on the same day, at about 7 P.M., while he was present at Mukundapur village, the present petitioner assaulted him by striking on his head by means of a sword with an intention to kill him. On self- defence, the complainant attempted to ward off with a stick, as a result of which he sustained injury on his forehead. Hence, the case. 5. Learned counsel for the petitioner submits that though Section 109(2) of the BNS is invoked in the present case, but the injuries sustained by the injured are simple in nature. 6. Ms. Suvalaxmi Devi, learned Counsel for the State by drawn the attention of this Court to the injury report, which indicates that the injured Prakash Sagar has sustained injury on the occipital area of the head. However, the injuries are simple in nature. 7. Regard being had to the nature of allegation against the petitioner and the injuries sustained by the injured, I am inclined to grant the petitioner on p. 3 anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer subject to the verification of the criminal antecedent of similar nature. The release of the petitioner shall also be subject to the conditions that he shall appear before the IIC of the concerned Police Station on last Sunday of every month at least for a period of six months, he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 8. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.