Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3404 of 2026
Raja Nahak & others …. Petitioner(s)
Ms. Swagatika Panda, Advocate -versus- State of Odisha …. Opposite Party(s)
Mr. Debaraj Mohanty, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 27.04.2026
01.
1. Heard.
2. The petitioners are seeking pre-arrest bail in connection with Golanthara P.S. Case No.95 of 2026 corresponding to G.R. Case No.381 of 2026 registered for alleged commission of offences punishable under Sections 190/296(b)/115(2)/118(1)/109/191 of the BNS, 2023, pending in the Court of the learned J.M.F.C. (Rural), Cog., Berhampur, District- Ganjam.
3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R.
4. The allegation against the petitioners is that the complainant lodged a written report at the P.S. on 03.03.2026 inter alia alleging therein that when he was near Panchama Ganesh temple with his friends, at that time, the co-villagers namely Bhima Pradhan and others abused them in obscene languages and assaulted them by pulling and pushing. Then the other co-accused persons namely Raja Nahak and others came and conjointly assaulted them ,out of fear the complainant along with his friends ran towards their house, but the accused persons followed them and brought a sword from the house of Shiba Mandal and assaulted them by means of sword, as a result, they sustained injuries on leg, hand, right side back and wrist. Hence, the case.
5.
Learned counsel for the petitioners placed on record the affidavit in the Court today, inter alia, stating that the petitioner no.1 has one criminal antecedent whereas the petitioner no.2 has two criminal antecedents.
6. In view of the nature of allegations against the petitioners and the criminal antecedents, I am not inclined to entertain the present anticipatory bail application of the petitioners.
7. At this stage, learned counsel for the petitioners seeks to withdraw the present anticipatory bail application with liberty to surrender before the Court below and apply for regular bail.
8. Its open for the petitioners to surrender before the Court below and move for regular bail. If such regular bail application is moved by the petitioners before the Courts below, it is expected that the regular bail application of the petitioners shall be considered by the Courts below on its own merit in accordance with law on the same day.
9. With the aforementioned observation, the ABLAPL is disposed of.
(S.S. Mishra)
Judge
Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.