p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3408 of 2026 K. Asit Kumar …. Petitioner(s) Mr. Kishore Kumar Mishra, Advocate -versus- State of Odisha & another …. Opposite Party(s) Mr. P.S. Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with 1.C.C. Case No.115 of 2019 registered for alleged commission of the offences punishable under Sections 120-B/420 of the IPC, pending in the Court of the learned J.M.F.C.(R), Cuttack. 3. The present case is arising out of a complaint case bearing I.C.C. Case No.115 of 2019. Reading of the complaint reveals that the dispute is essentially civil in nature. 4. Be that as it may, the concerned Court, after taking the cognizance in the matter, has issued the process against the present petitioner. Reading of p. 2 paragraph-4 of the petition reveals that on 25.10.2024, the application moved by the petitioner under Section 205 of the Cr. P.C. was rejected and the Bailable Warrant was issued against the petitioner. Subsequently, the N.B.W. has also been issued on 16.10.2025. 5. In the above circumstances, it is contended by learned counsel for the petitioner that the petitioner apprehends arrest in view of issuance of the N.B.W. by the Court below. Since the trial Court has already issued a process, the petitioner ought to have challenged that process or resort to any other remedy available to him under law instead of approaching this Court under Section 438 of the Cr. P.C. (482 of the BNS). 6. Mr. Mishra, learned counsel for the petitioner at this stage submits that he would rather withdraw the present petition and move appropriate application before the Court below seeking cancellation of the N.B.W. issued vide order dated 16.10.2025. p. 3 7. Learned State counsel submits that the apprehension of the petitioner is unfounded in view of the fact that the case is arising out of a complaint case and there is a blink chance of arrest or apprehension of arrest. 8. In view of the above submission, liberty is granted to the petitioner to move appropriate application before the trial Court seeking cancellation of the N.B.W. 9. With the aforementioned observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.