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2026 DAILYLAW 6698 (ORI)

BIJAYA KUMAR NATHA @ BIJAYA NATHA v. STATE OF ODISHA

ABLAPL/3167/2026 · 2026-04-24

Sibo Sankar Mishra

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3167 of 2026 1. Bijaya Kumar Natha @ Bijaya Natha 2. Deepak Kumar Natha 3. Tapan Natha …. Petitioner(s) Mr. Nishikanta Mishra, 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 Pipili P.S. Case No.184 of 2025 corresponding to Special G.R. Case No.45 of 2025 registered for alleged commission of offences punishable under Sections 116(2)/ 115(2)/ 117(2)/ 296/351(3)/3(5) of the BNS, 2023 read with Section 3(1)(r)(s)/3(2)(va) of the SC & ST (PoA) Act, pending in the Court of the learned Special Judge, Puri. 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 allegation against the petitioners is that on 28.03.2025 at about 10.30 P.M., the complainant lodged a reported at the P.S. alleging that on the same day, the accused persons wrongfully restrained and abused him by using obscene language aspersing his caste as “Bauri” and assaulted his son by means of a bamboo stick and assaulted his nephew by means of kick and fist blows as a result they sustained severe bleeding injury and also threatened him to kill in life. Hence, the case. 5. Learned counsel for the State submits that the offence under the SC & ST Act is involved in the present case. Hence, notice is required to be issued to the informant/complainant. 6. To counter the same, Mr. Mishra, learned counsel for the petitioners submits that the matter could be disposed of by relying upon the judgment in the case of Pramod Kumar Ray vs. State of Orissa, reported in 2017 67 OCR, 309. p. 3 7. Regard being had paragraph-23 of the judgment of Pramod Kumar Ray (supra), the fact scenario of the present case and the nature of the allegations against the petitioners, this bail application is disposed of, directing the petitioners to surrender before the learned trial Court on or before 20.05.2026 and supply the additional copy of the bail application to the Public Prosecutor for the purpose of hearing of the bail application and the petitioners shall be admitted to the interim bail pending disposal of the regular bail application. 8. With the aforementioned observation and direction, the ABLAPL is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.