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2026 DAILYLAW 6583 (ORI)

BISWA MOHAN PATTNAYAK v. STATE OF ODISHA

ABLAPL/3178/2026 · 2026-04-24

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3178 of 2026 Biswa Mohan Pattnaik …. Petitioner(s) Mr. Ramdas Achary, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA 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 Baidyanathpur P.S. Case No.636 of 2025 corresponding to G.R. Case No.3498 of 2025 registered for alleged commission of offences punishable under Sections 3(5)/318(4) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Berhampur. 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. 4. The allegation against the petitioner is that on 29.12.2025, the informant lodged an F.I.R. before the P.S. alleging that the petitioners under the Sri Jagannath Trust cheated him with huge money under the garb of providing employment. It was further alleged that the petitioner along with other team leaders associated with the trust committed the same fraud by collecting money from other the innocent persons of Ganjam district and deposited the same with one Sruti Prava Mahakuda, who is the head of the said Jagannath Trust. Hence, the Case. 5. Learned counsel for the petitioner drawing the attention of this Court to the order dated 25.02.2026 passed in ABLAPL No.1075 of 2026 and ABLAPL No.499 of 2026 in regard to Sudhendu Chandra Mahapatra @ Sudhendu Mahapatra and Biswaranjan Pattanaik @ Muna, submits that both the co-accused persons have been enlarged on anticipatory bail by the Coordinate Bench. He further submits that the case of the present petitioner is exactly similar to that of the co-accused persons. He also submits that the petitioner is a cancer patient. Besides parity, on humanitarian ground, he is entitled to the relief sought. 6. Regard being had to the nature of allegation against the petitioner, and the fact that the co-accused persons namely, Sudhendu Chandra Mahapatra @ Sudhendu Mahapatra and Biswaranjan Pattanaik @ Muna have been admitted to anticipatory bail by the Coordinate Bench vide order dated 25.02.2026 passed in ABLAPL No.1075 of 2026 and ABLAPL No.499 of 2026, I am inclined to grant the petitioner 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 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. 7. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.