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2026 DAILYLAW 7041 (ORI)

JATISH PATRA v. STATE OF ODISHA

ABLAPL/3304/2026 · 2026-04-27

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3304 of 2026 Jatish Patra & Ors. ..... Petitioners Represented by Adv. - Amulya Ratna Panda -versus- State of Odisha ..... Opposite Party Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 27.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 115(2), 296, 3(5), 304(2), 351(2), 74, 76, 79 of B.N.S. in C.T. Case No.366 of 2026 in the Court of learned J.M.F.C., Basta arising out of Baliapal P.S. Case No.133 of 2026. 4. It is stated by learned counsel for the Petitioners that there exists a civil dispute between the Petitioners and the informant’s family. He further contended that due to such civil dispute, a scuffle took place between two groups. As a result, the Petitioners Page 2 of 3. have been falsely implicated in the present case. Learned counsel for the Petitioners further contended that the injured has not sustained any injury at all. He further contended that the Petitioners do not have any criminal antecedent and that the Petitioners belong to the locality, therefore, there is no chance of absconding. Learned counsel for the Petitioners further contended that the Informant has come to allege that the Petitioners have stolen away the gold chain of the victim. 5. Learned counsel for the State on the other hand objected to the release of the Petitioners on bail on the ground of gravity and seriousness of the allegation. He further submitted that the investigation is still on, therefore, the release of the Petitioners at this juncture would cause delay in conclusion of the investigation. 6. However, learned counsel for the Petitioners at this juncture submitted that the Petitioners do not want to press this application and seek liberty to surrender before the court below and move an application for bail. 7. Considering such submissions, the Petitioners are permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not indulge in similar type of offences while on bail; II. shall not harass, threaten or terrorize the victim and her family members in any manner whatsoever; III. shall appear before the jurisdictional Police Station Page 3 of 3. once in a fortnight for a period three months, preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M.; IV. shall cooperate with the investigation and appear before the Investigating Officer as and when their presence is required by the I.O for the purpose of investigation; and V. shall appear before the learned trial court during trial on each date of posting, unless their personal appearance is dispensed with by the learned trial court. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioners shall be subject to the verification of their criminal antecedent and the injury report. In the event, the Petitioners are having any criminal antecedent or the injured has sustained any grievous injury, then this order shall stand automatically revoked. 9. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer