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2026 DAILYLAW 7215 (ORI)

HEMANTA @ SILU KUMAR NAYAK v. STATE OF ODISHA

ABLAPL/4205/2026 · 2026-05-01

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4205 of 2026 Hemanta @ Silu Kumar Nayak …. Petitioner(s) Mr. Lambodar Achari, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 01.05.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Bhanjanagar P.S. Case No.1196 of 2025 corresponding to G.R. Case No.1994 of 2025 registered for alleged commission of offences punishable under Sections 126(2)/115(2)/109/296 of the BNS, 2023, pending in the Court of the learned S.D.J.M., Bhanjanagar. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. p. 2 4. The allegation against the petitioner is that on 06.11.2025 at about 10.15 P.M., the complainant reported at the P.S. that on the same day, at about 8 P.M., he was standing near Tulasipalli Laxmi Puja gate with his cycle. At that time, the present petitioner obstructed his cycle, abused him in filthy language and threw his cycle and also assaulted him with a wooden plank aiming to his head with intention to kill him, as a result of which he sustained bleeding injury on his head. The accused also assaulted on his neck. Hence, the case. 5. Learned counsel for the petitioner submits that this is a case of road rage. The petitioner has no criminal antecedent and the injury alleged to have sustained by the injured are simple in nature. Its also stated that the petitioner has no criminal antecedent. 6. However, the learned State counsel opposed the prayer for anticipatory bail. 7. Regard being had to the nature of allegations against the petitioner and the injuries sustained by the injured, I am inclined to grant the petitioner p. 3 anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer subject to the verification of the nature of injuries, he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 8. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.