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2026 DAILYLAW 7052 (ORI)

JAYANTA KUMAR PATRA v. STATE OF ODISHA

ABLAPL/1516/2026 · 2026-04-27

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1516 of 2026 Jayanta Kumar Patra & others …. Petitioners Ms. A. Dash, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.04.2026 02. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Dhenkanal Sadar P.S. Case No.74 of 2026 corresponding to G.R. Case No.123 of 2026 pending in the court of learned S.D.J.M., Dhenkanal on the grounds stated. 3. Pursuant to the Court’s order dated 17th March, 2026, the State submitted the medical examination report of the victim, namely, son of the informant and the same is perused along with the injury report of the victim. The case diary is also made available with the medical opinion mentioned therein. The victim said to have received a bony injury without any such opinion that it is a fracture. No opinion has been mentioned in the medical examination report either but the victim has received an injury on his right palm with such other injuries described therein. It is submitted that petitioner No.2 is p. 2 primarily responsible for the injuries. It is also submitted to the Court that the victim has not received any grievous injury. Recorded the objection of the State with reference to the medical opinion received. The Court finds that one of the accused persons, namely, petitioner No.2 assaulted the victim by means of an iron rod. It is made to suggest from the injury report and also medical opinion that the alleged bony injury is on account of assault with the help of an iron rod by petitioner No.2. Considering the case diary, medical examination report and opinion report and submissions of learned counsel for the respective parties, this Court is inclined to direct petitioner Nos.1 and 3 to surrender before the learned court below for being released with stringent conditions, whereas, to allow liberty for petitioner No.2 to surrender before the learned court below seeking regular bail for its consideration and in case of rejection, to approach the Sessions Court for orders. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, petitioner Nos.1 and 3 surrender before the court of learned S.D.J.M., Dhenkanal in connection with Dhenkanal Sadar P.S. Case No.74 of 2026 corresponding to G.R. Case No.123 of 2026 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.25,000/-(rupees twenty-five thousand) each with one solvent surety for the like amount each with other conditions imposed. It is further directed that the petitioner No.2 shall surrender within the above stipulated p. 3 period and in the event, he moves an application seeking bail, it shall be entertained by the court concerned and disposed of and in case of rejection, to approach the Sessions Court during the second our and for the said purpose, lower court record shall be made available at the time of hearing. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer