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2026 DAILYLAW 6640 (ORI)

NARAHARI DURGA v. STATE OF ODISHA

ABLAPL/3170/2026 · 2026-04-24

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3170 of 2026 1. Narahari Durga 2. Nabjeet Maji 3. Niranjan Dambisi 4. Rajani Kant Dambisi …. Petitioner(s) Mr. Subodh Kumar Mohanty, 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 petitioners are seeking pre-arrest bail in connection with Lanjigarh P.S. Case No.02 of 2025 corresponding to C.T. Case No.07 of 2025 registered for the alleged commission of the offences punishable under Sections 309(4)/109(1)/61(2) of the BNS, 2023, pending in the Court of the learned J.M.F.C., Lanjigarh. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the p. 2 petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case is that on 15.01.2025, the complainant lodged a written report at the P.S. alleging therein that during their regular patrolling, their team got information from reliable source about a theft of iron materials at New Bauxite Handling (NBH) crosser area near village Sindhbahali. Getting such information, the information along with team immediately reached at the spot. They saw some thieves were loading the stolen cut pieces of iron materials on a bolero pick up vehicle bearing Regd. No.OD 18K 0890. Hence, the case. 5. Learned counsel for the petitioners submits that one of the co-accused Naushad Ahmed has approached this Court by filing ABLAPL No.2001 of 2025, which has been allowed by the Coordinate Bench vide order dated 21.08.2025. Petitioner Nos.2, 3 and 4 are in the similar footing to that of the co-accused, who has been allowed anticipatory bail. p. 3 6. Regard being had to the nature of allegation against the petitioners, I am inclined to grant anticipatory bail to nos.2- Nabjeet Maji, petitioner no.3- Niranjan Dambisi and petitioner no.4- Rajani Kant Dambisi. Accordingly, it is directed that in the event the petitioner nos.2- Nabjeet Maji, petitioner no.3- Niranjan Dambisi and petitioner no.4- Rajani Kant Dambisi are arrested, they shall be released by the Arresting Officer subject to the verification of their criminal antecedent. The release of the above petitioners shall also be subject to the conditions that they shall appear before concerned Police Station on last Sunday of every month at least for a period of three months, they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they 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. p. 4 7. In so far as the petitioner no.1- Narahari Durga is concerned, learned counsel for the petitioners seeks to withdraw the bail application of the petitioner no.1 with liberty for him to appear before the trial Court for grant of bail. Accordingly, the petitioner no.1 is directed to surrender before the trial Court on or before 10.05.2026 taking the ground of parity. If such bail application is moved by the petitioner no.1, the same shall be considered by the Courts below on its merit in accordance with law on the same day. 8. With the aforementioned observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.